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    by , 11-20-2013 at 01:46 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    AILA TSC Liaison Committee is seeking examples of healthcare worker adjustment of status cases denied on the grounds that no visa screen was included at the time the adjustment was filed. Please send a brief description of the case along with a copy of the denial to, with "Visa Screen Denial" in the subject line.

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at or You can also visit us on Facebook and follow us on Twitter.

    Updated 11-27-2013 at 10:27 AM by CMusillo

  2. Obama Willing to Support Piecemeal Immigration Reform

    by , 11-20-2013 at 09:06 AM (Matthew Kolken on Deportation And Removal)
    In a move that may signal real progress on the immigration reform front, President Obama indicated yesterday that he would be willing to support the House GOP's piecemeal approach to comprehensive immigration reform so long as key components are addressed in smaller bills.

    He stated: "If they want to chop that thing up into five pieces, as long as all five pieces get done, I don't care what it looks like." He then qualified his statement saying: "What we don't want to do is simply carve out one piece of itÖbut leave behind some of the tougher stuff that still needs to get done."

    This is a very positive sign in my opinion, as the House GOP is quietly working on their own version of reform legislation. Hopefully we will see something introduced if not this year, in early 2014.

    I am on record with my immigration reform solution that would immediately provide legal status to the estimated 11 million undocumented immigrants in this country. My solution would provide a temporary renewable status that brings people out of the shadows, protects them from deportation, and also provides employment and travel authorization so that people can lead normal lives. The status could be renewed indefinitely in the absence of disqualifying criminal grounds of removal. It would require a one-time payment of a penalty fee, and a substantially lower filing fee for renewals, which would be required every ten years.

    Although there would be no independent pathway to citizenship baked in, you would not be precluded from obtaining a Green Card and ultimately citizenship through the normal channels. This solution would allow undocumented immediate relatives of United States citizens to immediately apply for a Green Card the moment they receive their status. Spouses of United States citizens would be eligible to apply for citizenship three years after they get their Green Card. It is a real path to citizenship, unlike the illusory one provide in the Senate Bill.

    For this solution to work properly we need more immigrant visa numbers as well as a robust skilled and guest worker program to afford future immigrants an opportunity to come to this country legally. I have articulated this solution to GOP members of Congress and it has been received favorably.

    Here's to 2014: the year of immigration reform.

    Updated 01-09-2014 at 10:23 AM by MKolken

  3. Outrage Grows Over Boehner's Betrayal of Immigration Reform. By Roger Algase

    Update - November 20, 8:16 am:

    One of Politico's top immigration reporters, Seung Min Kim, writes in her November 19 article House Democrats to join immigration fast that Rep. Jan Schakowsky (D-Illinois) will fast for one day in sympathy with a group of immigration activists who have been fasting on the National Mall since November 12 to protest the refusal of House Republicans to allow a vote on comprehensive immigration reform.

    Kim quotes from a letter that Schakowsky, who was arrested in October while participating in a pro-reform rally on the Mall, wrote to her colleagues as follows:

    "Some 500 feet from our offices, these fasters are putting their health on the line to emphasize that comprehensive immigration reform cannot wait, and that the House must act...I join them in calling on the House leadership to stop delaying and call a vote on comprehensive immigration reform, and I ask you to join me in fasting for one day in solidarity with these courageous leaders."

    Shouldn't we be seeing more stories in the media about the brave actions of the protesters who are willing to fast and face arrest to show their support for immigration reform, and fewer hysterical articles about the failed ACA website and how the computer glitch will allegedly "bring about the end" of the Obama presidency?

    My original post follows:

    Outrage over House Speaker John Boehner's refusal to allow a vote, or even a House-Senate conference, on the Senate's CIR bill (S. 744), or to take any other action toward legalization for 11 million people is growing. The Huffington Post reports that a group of immigration advocates who have been fasting for a week in protest against Boehner's decision to bury immigration reform tried to meet with him in his office but were rebuffed.

    See: Immigration Advocates Go Without Food, Plea For House To "Do Its Job", November 19.

    The group left a letter for Boehner which states the following, among other things:

    "Mr. Speaker, every day that goes by more people will die and more families will be torn apart. As a nation we, and you as Speaker, cannot allow this to continue. Surely our hearts and our faith require us to act to end this suffering."

    Meanwhile, the Washington Post published an editorial the same day strongly condemning Boehner for blocking reform.

    In its editorial, John Boehner must act on immigration now, (November 19), the Post says:

    "But there are 11 million undocumented immigrants in the United States. The country needs to deal with them in some way."

    Then, referring to Boehner's insistence on approaching reform "piecemeal", the Post continues:

    "But the House can't dictate that only border security and deportation are on the table. Mr. Boehner should let House Republicans vote on the parts of immigration reform they consider priorities and take that "sensible step-by-step" approach into negotiations with the Senate. It is unserious, and unconstructive, to tell the Senate what it can and cannot bring to the table in negotiations with the House."

    On the same day, the Huffington Post also ran an article called House Republicans' Many Excuses For Inaction On Immigration Reform

    The article lists seven of the old, tired, fake excuses (leaving out only Benghazi and the Boston Marathon), that the House Republicans have been using for killing reform in order to try to divert attention away from the most obvious reason. This is the decision of their leadership to put kowtowing to their white supremacist masters in the Tea Party ahead of the human rights of 11 million minority immigrants and their families.

    Yet another recent Huffington Post article, by Ryan Campbell in its Latino Voices section, (see Immigration and a Weak-Willed John Boehner, November 15) says the following about Boehner:

    "Whether or not we will be able to escape this era of a small [anti-immigrant] constituency within the House doing everything they can to undermine effective governance soon is up to Boehner. He seems neither to care about the plight of our immigrant population, the smooth operation of government, or his own legacy as possibly the worst Speaker of the House this country has ever suffered."

    In actuality, all of the above articles, along with the media in general, are too kind to Boehner. By focusing on his callousness and lack of concern for immigrants, his pursuit of legislative tactics which will lead nowhere, and his "weak will" they make him look merely insensitive and incompetent.

    This is very far from the reality, which is that Boehner is indeed sensitive - to his perceived need not to offend people like Rep. Steve King (R-Iowa) and other immigrant-hating bigots within the Tea Party wing of the GOP. And from that perspective, he is a master strategist with a strong determination and fixed goal - to kill any proposal to legalize or grant eventual US citizenship to 11 million mainly brown, Spanish-speaking unauthorized immigrants.

    John Boehner and his cohorts in the House GOP leadership are doing everything they can to ensure their place in history alongside those who continued to defend racial segregation before and during the civil rights era, those who were responsible for the internment of Japanese-Americans during World War 2, those who tried to bar Jewish, Italian, Polish and most other "non-Nordic" immigrants from our shores from the mid-1920's to the mid-1960's, and those who wrote the Chinese and other Asian exclusion laws in the late 19th and early 20th centuries.

    Above all, John Boehner and his fellow House Republican leaders are doing everything in their power to disgrace America and everything America stands for.

    Updated 11-20-2013 at 08:30 AM by ImmigrationLawBlogs

    Tags: -1' Add / Edit Tags
  4. Congressional Bed Mandate Requires 34,000 Immigrants to be Held Each Day

    by , 11-19-2013 at 09:04 AM (Matthew Kolken on Deportation And Removal)
    NPR News reports that a Congressional bed mandate requires Immigration and Customs Enforcement to fill 34,000 beds in 250 immigration detention facilities across the country, each day. It costs taxpayers at least $120.00 per detainee per day, for a total yearly cost of $2 billion.

    Click here for the full report.

    Updated 11-19-2013 at 09:10 AM by MKolken

  5. The Good, The Bad, and The Ugly by Matt Gordon

    The Good, The Bad, and The Ugly - Getting Bad Actors out of the EB-5 Program - SEC Rule 506(d) and Beyond

    The EB-5 program is starting to get a somewhat shaky reputation overseas as word spreads on the prosecution of fraudulent project sponsors. First, there was the Chicago Convention Center case in February and then in October, a husband and wife Ponzi-scheme team from Texas. There is one business broker in Florida who is trying to sell direct EB-5 investments Ė he is a convicted felon and subject to deportation proceedings. I have recently heard rumors of one or more principals at major regional centers who have criminal backgrounds. Itís no wonder that potential foreign investors are becoming aghast at the seeming lack of quality control over who is and is not allowed to participate in the US Immigrant Investor Program. Given that the prosecutorial interest in the EB-5 program is recent, one could only imagine the number of prosecutions if the SEC and Justice Department would have started looking at practices much sooner. At this point, these prosecutions are probably the tip of the iceberg.

    Itís high time that we get the bad actors out of the EB-5 program.

    Fortunately, congress and the SEC have provided the legal infrastructure for doing so. Under Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, congress required the SEC to create rules to disqualify bad actors from private placements that rely upon Rule 506 of Regulation D, which is the typically relied upon exemption to registration requirements under the Securities Act of 1933. The SEC did so on July 10th of this year:

    ďĎBad actorí disqualification requirements, sometimes called ďbad boyĒ provisions, disqualify securities offerings from reliance on exemptions if the issuer or other relevant persons (such as underwriters, placement agents and the directors, officers and significant shareholders of the issuer) have been convicted of, or are subject to court or administrative sanctions for, securities fraud or other violations of specified laws.Ē See, P.7.

    The persons covered under this rule are:
    • the issuer, including its predecessors and affiliated issuers
    • directors, general partners, and managing members of the issuer
    • executive officers of the issuer, and other officers of the issuers that participate in the offering
    • 20 percent beneficial owners of the issuer, calculated on the basis of total voting power
    • promoters connected to the issuer
    • for pooled investment fund issuers, the fundís investment manager and its principals
    • persons compensated for soliciting investors, including their directors, general partners and managing members

    See for the full text of the SECís compliance guide.

    Under the rule: ďDisqualification will apply only for triggering events that occur after the effective date of the amendments; however, pre-existing matters will be subject to mandatory disclosureĒ. Accordingly, bad actors are getting a free pass for disqualifying events that took place before September 23, 2013. Disclosure of such act is still required, but is that really enough?

    Immigrants under the EB-5 program are held to a higher standard. An immigrant who seeks admission to the United States as a conditional lawful permanent resident would be denied entry based on a great number of felonies committed before September 23, 2013. Are we telling the world that it is fair and acceptable to deny entry to felons who have paid their debts to society, but that the same person, if a US citizen, who committed the same crime, is perfectly free to sell EB-5 investments?

    If congress will not hold the EB-5 industry to higher standards, then we must impose these burdens on ourselves. With this article, I am calling on IIUSA, all regional centers and all direct EB-5 investment sponsors to make the following pledge and to certify to all their investors: That no person who has ever been convicted of any felony be allowed to hold the position of an officer, director, general partner, managing member or otherwise have control over a sponsor or issuer of EB-5 investments.

    I call on all broker dealers and law firms that work on EB-5 projects to conduct the needed due diligence to ensure sponsor compliance with the existing Rule 506(d) and the heightened standards proposed here for all sponsors who agree to the pledge.

    We do not need the SEC, Justice Department and state prosecutors to do this job. We can and should do it ourselves. If we, the EB-5 sponsors, do this ourselves, we can get rid of both the bad actors and the ugly projects. Projects can and will fail, that is the essence of risk, which is fundamental to the EB-5 program. An immigrantís dream should never be dashed because of the bad-faith and ill-intent of criminals in our midst. Every immigrant participant in the EB-5 program should have a fair and fighting chance to realize their dream to walk among us on American soil. Let us work hard, so that the good prevail.

    Updated 11-18-2013 at 05:52 PM by EB-5Blog

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