LexisNexis® Legal Newsroom
What Are We Paying for? USCIS and the I-526 Exemplar Process

"Today's post comes to us courtesy of my colleague, Brandon Meyer , a prolific writer whose analysis and commentary cover a wide array of immigration law topics. Brandon offers a spirited post on a troubling aspect of the EB-5 employment-creation immigrant investor green card category...

Follow the jobs: Is USCIS fumbling the EB-5 visa ball?

"USCIS’ efforts to regulate “excess demand” in the EB-5 program is gross government interference by web fiat. No entrepreneur sets out to develop anything if she believes that there will be insufficient demand for the contemplated project. The tenant-occupancy stratagem is...

Will USCIS Kill the EB-5 Program?

" Historians of the EB-5 visa know that this benighted category has witnessed persistent government ineptitude from its inception. In its early years, a series of former immigration officials teased informal guidance letters from naïve or inattentive occupants of the INS general counsel's...

The EB-5 Investor Immigration Program: Green Shoots or Chutes and Ladders?

"The EB-5 immigrant investor green card program resembles a multi-country version of Chutes and Ladders, the " game of rewards and consequences ". In the EB-5 edition, the ladder represents progress toward a green card and the chute is an ICE -tunneled luge ride ending in immigration court...

Immigration's NannyStateGate: Picking EB-5 Winners and Losers

"The EB-5 is a two-stage process involving classification of investors first for conditional green cards, and then 24 months later, taking another look when a petition to remove conditions on permanent residence is filed. Thus, if the jobs are not created or the investment is not sustained at the...

Immigration Progress: A Good EB-5 Policy Memo Could Still Be Better

Angelo A. Paparelli writes: " French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume , Voltaire , wrote in Italian that "Il meglio è l'inimico del bene [the perfect is the enemy of the good]." The wisdom of this saying, championed...

EB-5 Immigration Lawyers Wear Too Many Hats: Angelo A. Paparelli

"The EB-5 employment-creation immigrant investor visa category continues to transcend its chutes-and-ladders early history . This 24-year-old program -- like many young adults of the same era -- seems at last to be maturing in healthy ways. Foreign investors have become more savvy. Regulators are...

Senator's Saucy Request Roils EB-5 Regional Centers: Angelo Paparelli

"Imagine you're the general counsel of Coca Cola (or of any other company that takes great pains to safeguard the internal secrets that endow the organization with competitive advantages over other firms in the same industry). On your desk lands a letter from a U.S. senator in the minority party...

USCIS Gets an EB-5 Earful at Immigration Listening Session: Angelo A. Paparelli

"On April 23, 2014, U.S. Citizenship and Immigration Services (USCIS) -- the component of the Department of Homeland Security (DHS) that administers the EB-5 Immigrant Investor Program -- held an important "Listening Session" with the stakeholder community. EB-5 Program Chief, Nicholas...

Angelo A. Paparelli: All Checks but No Balances — The Systemic Failure to Protect EB-5 Investors

Angelo A. Paparelli, June 24, 2016 - "Several widely-publicized actions by the Securities Exchange Commission (SEC), and the inevitable litigation that has piled on in consequence, have pressure-tested the EB-5 ecosystem and found it defective. Simply stated, the system too likely and too often...