Greenberg Traurig’s EB-5 team thanks our clients, colleagues and fellow EB-5 industry members for a successful 2017 and looks forward to the new year ahead.
Greenberg Traurig Laura Reiff, Co-Chair Business Immigration and Compliance, was recently quoted in the Bloomberg Law article, “Immigration Attorneys on Their toes in the Age of Trump.” The article discusses developments in immigration in 2017 and how attorneys are handling the new environment. Reiff expresses the importance of being proactive as immigration attorneys anticipate the changes. To read the full article, please click here.
Greenberg Traurig’s Jennifer Hermanksy and Kate Kalmykov, along with the AILA Conference Program Committee, recently presented at the 2017 AILA EB-5 Investors Summit in Las Vegas. Hermansky presented on “Regional Center Investments: Understanding The Deal And The Capital Stack,” while Kalmykov presented on “Navigating The Requirements And Challenges In The I-829 Removal Conditions Process.” The 2017 AILA EB-5 Investors Summit attracts both entry-level and seasoned EB-5 practitioners and professionals. The conference panelists address legal and policy analysis, compliance, due diligence, enforcement, and ethical considerations.
On Dec. 14, the Office of Management and Budget Office of Information and Regulatory Affairs (OMB) published the biennial Unified Agenda. A long-standing outgrowth of previous regulatory reform efforts, the Unified Agenda offers the public the “current thinking” of federal agencies on upcoming Agency regulatory priorities.
Of importance to the immigration community, DHS USCIS posed the following regulatory priorities-
United States Citizenship and Immigration Services
U.S. Citizenship and Immigration Services (USCIS) is the government agency that oversees lawful immigration to the United States. USCIS’s role is to efficiently adjudicate and manage petitions, applications, and requests for immigration benefits for foreign nationals seeking lawful immigration status in the United States and for individuals seeking to become citizens of the United States, and other matters within the jurisdiction of the agency, in a manner that detects, deters, and prevents fraud, protects the jobs and working conditions of American workers as appropriate, and ensures the national security, public safety, and welfare of the American people. In the coming year, USCIS will promulgate several regulatory and deregulatory actions to directly support these commitments and goals. Continue Reading
Ian R. Macdonald and Kristen W. Ng were recently featured in an article on The LexBlog Network titled, “Third Time’s a Charm? Greenberg Traurig’s Team Breaks down Trump’s Latest Travel Ban.” In this Q&A, Macdonald and Ng explore the third version of the Trump Administration’s travel ban and what it means for employers and employees going forward, including next steps for those affected and a forecast on what’s to come. To read the entire interview, please click here.
By a vote of 235-193, the House passed H.J. Res 123, the Continuing Appropriations Act.
Upon passage, H.J.Res 123 was sent immediately to the Senate, where it passed by a vote of 81-14. The Bill now goes to the president wherein he is expected to sign it into law.
Today’s action extends government operations and programs until Dec. 22, including vital immigration programs such as EB-5, Conrad 30, E-Verify, and Religious Workers.
On Dec. 4, 2017, the Supreme Court issued an order allowing President Trump’s Proclamation on Travel Ban to go fully into effect. With certain exceptions, this ban places entry restriction on nationals of eight countries – Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. As previously reported, in September a U.S. District Judge in Hawaii blocked the Proclamation from taking effect, except for nationals of North Korea and Venezuela. On Nov. 13, the Ninth Circuit Court of Appeals temporarily put part of the lower court’s ruling on hold, allowing the Proclamation to take effect, but only for those individuals from the impacted countries who do not have bona fide ties to the United States.
A Continuing Resolution (CR) has been filed as of last Saturday, Dec. 3, 2017, to serve as a vehicle to extend government operations through Dec. 22, 2017, thus preventing a government shutdown. The CR may be voted on as early as Wednesday or Thursday of this week. There is also talk of doing another short-term continuing resolution into January of 2018, but that is the subject of ongoing negotiations. If signed, the new CR will extend the EB-5 program as-is until Dec. 22, 2017. We will provide an update as soon as the CR has passed and been signed.
For more information on Continuing Resolution, click here.
Kate Kalmykov recently presented at the EB-5 Conference with the USCIS Investor Program Office (IPO) hosted by The Steven L. Newman Real Estate Institute – Baruch College. Kalmykov’s panel addressed a hot topic for attendees on the EB-5 program, including redeployment of funds, visa backlogs, and the future of the EB-5 program under the Trump Administration. Thanks to the comments of Kate Kalmykov and her panel, Julia Harrison of the USCIS IPO stated that USCIS had heard the issues relating to bridge financing and that they would be re-visiting their policy.
We previously reported on the disturbing Request for Evidence (RFE) trend where investors and their attorneys were not receiving RFEs in the mail even though the case status showed that one was issued. We are now reporting on another trend, this time in the substance of the RFEs and the results from submitting responses, specifically to the RFEs that request additional evidence from third-party money exchangers.