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A business coalition and many of its members continues to work for passage of a permanent bipartisan legislation solution for Dreamers living, working, and contributing to our economy.   https://www.coalitionfortheamericandream.us/. More than 100 CEOs of businesses from across the industry spectrum and across the United States are represented in this effort.

The economics of DACA to the U.S. economy have been well-documented, most recently by the American Action Forum. The findings are below:

  • New AAF research finds that DACA recipients contribute, on net, roughly $3.4 billion annually to the federal balance sheet.
  • Previous AAF research found that DACA recipients currently contribute nearly $42 billion to the annual U.S. GDP, with an average economic contribution of $109,00 per worker.
  • Previous AAF research further found that physically removing all DACA recipients would cost between $7 billion and $21 billion and reduce U.S. GDP by 0.4 percent.

Read more here.

Business immigration issues are at the forefront of matters before the U.S. Congress. Please contact Laura Reiff and or Bob Maples if your business would like to join DACA advocacy or to discuss any other business immigration/workforce matters of interest.

Today, President Trump joined Senator David Perdue (R-GA) and Senator Tom Cotton (R-AR) announcing the introduction of a bill titled “Reforming American Immigration for a Strong Economy Act,” known also as the “RAISE Act.”  The president praised the work of the senators and in a statement added, “We want a merit-based system. One that protects workers, our workers, our taxpayers, and one that protects our economy. We want it merit-based.”

Highlights from the bill are included below:

  • Eliminates the diversity visa program.
  • Sets the maximum number of refugee admissions to 50,000 per fiscal year.
  • Worldwide level of family sponsored immigrants is 88,000. The number of humanitarian paroles, if the individual has not departed or has not adjusted status, will be counted against that number.
  • A new classification is created for the alien parents of adult U.S. citizens for admission for five years, but will not be able to receive public benefits or work authorization.
  • A person cannot naturalize if the person who executed an affidavit of support failed to reimburse the Federal Government for all mean-tested public benefits received by the person during the 5-year period.
  • Annual and quadrennial reports will be required to monitor the progress and numbers.
  • The creation of an immigration points system to replace the employment-based immigrant visa categories.
  • Effective date will be the first day of the first fiscal year that begins after the date of enactment.  Those exempt are those who have been granted admission prior to enactment, but he or she will need to enter within one year of enactment.

Continue Reading President Trump Endorses New Bill Addressing ‘Green Card’ Immigration

On April 18, 2017, President Donald Trump signed an Executive Order (EO) titled “Buy American and Hire American.” The stated purpose of this EO is to protect the American economy by having the U.S. government and agencies focus on purchasing goods made in America, and to also protect American workers. The first part of the EO includes text that focuses on conducting studies and putting forth plans for federal agencies to immediately maximize the use and procurement of materials and products made in the United States—or “Buy American.”

The second part of the EO includes text that focuses on “Hire American,” that is, reviewing current U.S. immigration laws, specifically as they relate to nonimmigrant visa categories. A summary of the second part of the EO is below:

Ensuring the Integrity of the Immigration System in Order to “Hire American”:

  • The Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security are tasked with proposing new rules and issuing new guidance with the intent of protecting U.S. workers and eliminating fraud or abuse.
  • In addition, the text of the EO directs that reforms should be focused on ensuring that H-1B status is only granted to those who are the “most-skilled” or the “highest-paid.”

This EO comes only a few weeks after various U.S. federal agencies tasked with administering immigration law issued guidance and decisions with the intent of preventing fraud and abuse in the immigration system, specifically the H-1B program. The United States Citizenship and Immigration Service, the Department of Justice, and the Department of Labor all released statements and/or policy with regard to the H-1B program.  To see a summary regarding these statements and/or policies, please visit our previous post.

As this EO is general in nature and does not dictate any specific timelines for the “Hire American” portion, Greenberg Traurig will continue to monitor the conditions and changes. To receive updates, please subscribe to our blog.

In much anticipated news for both the United States and Israeli companies and entrepreneurs, Israeli nationals will soon become eligible for the E-2 Treaty Investor visas. The Israeli authorities have announced that the procedures and rules for the B-5 investor visa for U.S. citizens are expected to be released in March 2017. One of the vital effects of the B-5 visa implementation and availability is that it will enable the reciprocal availability of the E-2 visas for Israeli citizens.

The E-2 Treaty Investor visa aims to provide foreign nationals and corporate entities with a path to invest in the U.S. economy through reciprocal treaties of commerce. Where available, this visa option allows investors and employees of the same nationality to live in the United States and work for the U.S. enterprise.  In addition to the requirement that the majority ownership of the enterprise must be held by nationals of the treaty country, E-2 visa requirements include a substantial investment into the U.S. enterprise, as well as the entity’s growth and expansion.

President Obama first signed the legislation adding Israel to the list of approximately 80 other countries eligible for E-2 treaty investor visas in 2012. However, the implementation of this law was on hold, awaiting Israel to likewise ratify the treaty serving as the basis of E-2 eligibility. The reciprocal terms and conditions included the availability of a reciprocal visa path for U.S. investors to Israel. On Aug. 13, 2014, the Israeli Knesset ratified the necessary legislation to enable E-2 visa availability to Israeli nationals. Subsequent to the ratification, the Israeli authorities took additional time to confirm the details of the legislation and its implementation.

With the recent announcement that the B-5 investor visa procedures and rules are anticipated to be released in March of this year, the much anticipated E-2 Treaty Investor visa availability is expected to be released around the same time. GT will continue to provide updates on this key issue as they become available and is available to answer any questions regarding E-2 visa eligibility.

Immigration Policy is broken.  We all agree.  How should we fix it and why haven’t we been able to fix it over the last two decades?   There is a multifaceted answer to this question, but Congress has been unable to agree on how to deal with the policy changes.  We have had numerous attempts and even many pieces of legislation passed that address one or more parts of the policy reforms.  Although successful in addressing some policy reform issues, Congress still needs to pass legislation to complete the needed reforms.

Why is it so difficult?   It might have something to do with the complex policy issues.  Immigration is about people coming into our country as visitors, family members, and employees of our businesses and even as refugees; people from different parts of the world — different cultures, religion, and ethnicities.  This human component seems to have stymied our legislators.

There is a fair amount of rhetoric about why our policies should be changed in one way or another, but a lot of the rhetoric doesn’t address the real policy issues in a systemic way.

We know what needs to be addressed.  For simplicity sake let’s break it down into four parts:

(1) border security;

(2) interior enforcement;

(3) legal immigration reform for the immigrant and non-immigrant visa system; and

(4) a plan for the current undocumented people in the U.S.

We should be able to come up with revisions to our current law that address these issues.  Indeed the Senate has passed two major comprehensive immigration reform bills in the last 10 years that does just that. The Comprehensive Immigration Reform Act (S. 2611) was passed by the Senate in 2006. The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744) was passed by the Senate in 2013. The House has also tackled these key issues in introduced bills and has proposed a step-by-step approach to a legislative fix. The architecture and blue prints for reform exist. We now need to address real policy issues and make our immigration laws function the way they should for our businesses, our economy, our families and for our national and our international obligations.

As the U.S. economy recovers, the demand for H-1B visas is skyrocketing. Please join our experienced immigration attorneys for this webinar, which will provide important legislative updates and share effective strategies for succeeding this upcoming H-1B cap season.

Topics will include:

  • Lessons learned from the last cap season
  • New fee schedule affecting certain employers
  • Compliance and post-filing changes to the details of employment
  • Cap Gap/STEM OPT and related travel issues
  • Plan B (and C) – alternatives to H-1B
  • Strategies for petition preparation and filing

To register for our upcoming webinar, please click here.

As the US economy recovers, the demand for H-1B visas is skyrocketing.  Please join our experienced immigration attorneys for this seminar which will provide important legislative updates and share effective strategies for succeeding this upcoming H-1B cap season.

Topics will include:

  • Lessons learned from the last cap season
  • New fee schedule affecting certain employers
  • Compliance and post-filing changes to the details of employment
  • Cap Gap/STEM OPT and related travel issues
  • Plan B (and C) – alternatives to H-1B
  • Strategies for petition preparation and filing

Sign up for the GT Business Immigration and Compliance H-1B Cap Seminar by clicking on the location below:

The Department of State (DOS) recently published its annual report of immigrant visa applicants (2015 Annual Immigrant Visa Report), which tallies up the number of total applicants—including spouses and children—who are waiting for their respective priority date to become current, allowing for them to obtain their green card. The annual report, which totals the number of applicants up to Nov. 1, 2015, does not take into account those applicants who have adjustment of status applications pending with the U.S. Citizenship and Immigration Services (USCIS) as of Nov. 1.

Overall, 2015 saw a three precent increase of total applicants compared against last year, increasing from a total of 4,422,660 for 2014 to 4,556,021 for 2015. This total includes both family-based green cards and employment-based green cards. Employment-based green card applicants only accounted for roughly 100,000 of the 4.5 million. When compared against 2014, the percentage of employment-based applicants waiting to apply for their green cards increased from 90,910 to 100,747—an increase of 10.8 percent.

Continue Reading Over 4.5 Million Are Waiting for Green Cards—Over 100,000 of them are Employment-Based

Thomas J. Donohue, President and Chief Executive Officer of the U.S. Chamber of Commerce, has penned an op-ed  for The Hill  on the benefits of the EB-5 program that discusses how the program is simply smart government policy.  The op-ed breaks down the process and the nuances of the program under current law.  Mr. Donohue identifies several projects that have been crucial to the United States, including hotels, schools, technology centers, and nursing homes.  Infrastructure projects are also the latest type of developments that utilize the EB-5 program.  He recognizes that the EB-5 program is an important and critical part of turning these projects into reality, and due to the economic benefit (both in terms of job growth and investment capital) it brings to each local economy, it should not be allowed to lapse.

The op-ed includes recognition that major organizations around the United States have rallied around the EB-5 program, and that have supported and championed its use, including the U.S. Chamber of Commerce and other industry groups.  These groups have also recognized that there is a need for reform of the program to prevent fraud and abuse, and as such, should be updated to include provisions for integrity, security, and oversight measures. 

Mr. Donohue identifies a current concern surrounding the use of the EB-5 program in certain areas, and he does not believe that Congress should direct EB-5 investment into certain areas of the United States at the expense of other areas, since the program was designed to encompass all the areas in the United States that need job creation.  Because job creation is one of the purposes of the program, the way that jobs are counted are important, but should not be unreasonably limited or restricted. 

Lastly, Mr. Donohue discusses the current backlog EB-5 petitions are receiving- to date, there are currently more than 13,000 EB-5 petitions pending approval, and if there are any changes to the program, these petitions should not be unfairly affected.  By applying any changes to these pending petitions would be to unfairly penalize and disrupt both current and potential projects.

Mr. Donohue stresses that the purpose of the EB-5 program should be on job creation and also economic stimulus.  Thus, attracting foreign capital that leads to U.S. job creation is an important factor to boost the United States’ presence in the foreign marketplace.    

 

The U.S. Securities and Exchange Commission (“SEC”) filed a civil fraud suit on August 24, 2015 against a Seattle developer, who had raised $125 million under the EB-5 program.  The developer is also the Chief Executive Director of an approved Regional Center under the EB-5 program.  The Regional Center targets investments into real estate development around the Seattle, Everett, Kirkland, and Shoreline areas of Washington State.

Federal officials allege that the developer utilized $17.6 million of EB-5 capital for his own personal use, including the purchase of a home, personal investments, and for gambling purposes.  Judge James Robart in the U.S. District Court ordered a temporary injunction freezing the developer’s assets.

The SEC’s complaint alleges that the developer had plans to raise an additional $95 million under the EB-5 program, and that the asset freeze was necessary because he had been diverting money to foreign bank accounts.  The SEC order also required that any of the developer’s offshore assets to be transferred to the court’s custody.

The SEC has been targeting alleged misconduct by Regional Centers since the 2012. Following a high profile case in Chicago involving $145 million in investments and more than 250 investors, the SEC has stepped up inquiries into possible securities violations by Regional Centers.  The SEC’s increased involvement is essential in maintaining the strict compliance with applicable laws and regulations necessary for an effective program.  Laura Reiff and William Mack wrote about securities issues here.

As intended by Congress, the EB-5 program has increasingly proven to be a significant resource for the U.S. economy with a growing number of well-established companies turning to it for financing.   The program is meant to create U.S. jobs, infuse capital into the U.S. economy, and fund projects to assist areas in developing and growing local economies.  In exchange for the at-risk capital and creation of ten U.S. jobs, immigrant investors receive “conditional” permanent resident status, meaning that after two years, the immigrant investor must prove that the capital is still at-risk, and that the jobs were indeed created.  Only after these two checks, and after meeting other program requirements, will the immigrant investor receive permanent resident status.

The EB-5 program continues to be a true resource for the U.S. economy.  The program is meant to create U.S. jobs, infuse capital into the U.S. economy, and fund projects to assist areas in developing and growing. Please see recent study on the benefits of the EB-5 program: here.   In exchange for the at-risk capital and creation of ten U.S. jobs, these immigrant investors receive “conditional” permanent resident status, meaning that after two years, the immigrant investor must prove that the capital is still at-risk, and that the jobs were indeed created.  Only after these two checks will the immigrant investor receive permanent resident status.

Three bills introduced in the 114th Congress, H.R.616, H.R.3370, and S.1501 all contain strong measures to screen regional center operators, investors, and provide additional tools to USCIS to maintain program integrity.  For example, both S.1501 (introduced by Senators Charles Grassley and Patrick Leahy) and H.R. 3370 (introduced by Representatives Zoe Lofgren and Luis Gutiérrez) would require that Regional Centers conduct oversight and annually certify compliance with applicable securities laws and regulations.