Washington updates eb-5 updates gas leak in car


• 11/19: At a stakeholder meeting, IPO said “The agency has considered public comments on USCIS’s Immigrant Investor Program Modernization Regulations (NPRM) and is working to finalize this NPRM soon.” IPO declined give any time estimate for EB-5 regulations, or comment on whether they expect the OMB Fall Agenda estimate of 11/00/2018 to be met. The regulations are “moving forward through the formal process.

The EB-5 program can be changed through legislation, regulations, and policy. EB-5 was established by law as a permanent program in 1990, and the regional center branch of EB-5 has operated on a series of temporary authorizations since 1992. We depend on legislation to – at minimum — regularly reauthorize the regional center program. Legislation, regulations, and policy offer paths to program changes and reforms.

• In recent years, EB-5 has not been part of the conversation about immigration legislation. Washington D.C. has instead focused on two primary issues – border security and status of undocumented minors – and occasionally on these secondary issues: diversity visas, family reunification, work visas. Immigrant investment has had bi-partisan support but also bi-partisan disinterest, as it does not fit with either party’s immigration talking points. To the extent that EB-5 has been mentioned at all in Congress, it’s been in stand-alone legislative proposals specific to EB-5, or in connection with annual funding bills that have carried regional center program authorization as one of many provisions.

• Since 2015, Congress has given the regional center program 13 short-term reauthorizations as part of legislation extending government funding. All of these have been “clean” reauthorizations – with no changes besides changing the regional center program sunset date. However, major EB-5 legislation could possibly get included in a future spending bill. gas and electric phone number At minimum, we depend on Congress to include another regional center program authorization in the next funding bill or continuing resolution.

• Senator Grassley, Representative Goodlatte, and Senator Cornyn have been behind most EB-5 reform bills since 2016. However, Grassley and Goodlatte have expressed frustration with the legislative process and called on the administration to achieve reform by finalizing regulations. If anyone is negotiating EB-5 legislation behind the scenes now, they haven’t said so publicly. Negotiators who worked on the most recent EB-5 Reform Act legislation (circulated in March 2018) announced its death when the legislation was not included in the March 23, 2018 funding bill.

• Increasing EB-5 visa numbers through legislation requires (1) increasing total annual visa numbers, and/or (2) taking visa numbers away from another category and reallocating them to EB-5, and/or (3) redistributing visas within EB-5 by changing the per-country cap or adding set-asides. Recent legislative proposals have proposed reshuffling visa numbers, though so far not in a way that benefits EB-5.

• Process: EB-5 regulations originate in the Investor Program Office at USCIS, initiate a public notice and comment period upon publication in the Federal Register, get reviewed and approved (or not) for final action by the administration through the Office of Management and Budget, and finally become effective (usually 30-90 days after the final action date).

• Process: EB-5 policy originates in the Investor Program Office at USCIS, and is published in Volume 6 Part G of the USCIS Policy Manual. hp electricity bill payment online The policy process should involve public notice and opportunity for comment. However, USCIS has recently given notice and invited feedback only after having already published the new policy and made it effective

H.J.Res.143 – Making further continuing appropriations for fiscal year 2019, and for other purposes is the continuing resolution that will (if passed) simply replace the previous deadline for remaining funding and authorizations with a new deadline of December 21, 2018. H.J.Res.143 resolves “That division C of Public Law 115–245 is amended—(1) by striking the date specified in section 105(3) and inserting “December 21, 2018””

On September 28, 2018, the regional center program was extended up to 12/7/2018 as part of PL 115-245 H.R. 6157 Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (a.k.a. Minibus #2). The act mentions “title II of division M of Public Law 115-141” in Division C Sec. 101(5) on page 143 as part of the list of projects and authorities from 2018 appropriations to be continued until whichever of the following first occurs: ( 1) the enactment into law of an appropriation for any project or activity provided for in this Act; (2) the enactment into law of the applicable appropriations Act for fiscal year 2019 without any provision for such project or activity; or (3) December 7, 2018. This language refers back to the previous regional center program authorization in title II (Immigration Extension) of Division M (Extensions) of P.L. 115-141 (PDF p. 702) as follows: “SEC. 204. Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting ‘September 30, 2018’ for ‘September 30, 2015.’” This language in turn refers back to Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102-395) Section 610 (PDF page 47), which established the regional center program.

• 10/5: USCIS Director L. gas 93 Francis Cissna spoke to IIUSA about the status of regulations: “So on the main one, the proposed rule that has yet to go final, it is going to go final. We’re just not ready yet. We’re still working on it. You might have seen, I testified in front of the Senate a few months ago, back in June, and I got screamed at because Senator Grassley was wanting that regulation to be final even quicker. So I told him what I’ll tell you is the answer hasn’t changed. We are going to finalize it; just we’re not done yet. It’s a lot of work to finalize a regulation. But that should come soon.” And then later “Well, I think, I mean, you asked, you know, what are our priorities for the next fiscal year. I think, you know, putting aside the regulations which we already discussed, I think the main one is continuing to ensure the integrity of the program. That’s what it’s about. The reg., it might take a while yet before it gets finally published.”

• 6/19: USCIS Director L. Francis Cissna testified at a Senate Judiciary Committee hearing on EB-5 regarding the regulations that “USCIS is currently reviewing the comments and moving forward in the regulatory process with both of these items as expeditiously as possible.” When asked whether he thought the regs could be finalized before the 9/30/2018 regional center program sunset date, Mr. Cissna said he didn’t know but that would be “hard to pull off.”

• 6/14: According to letters posted in the USCIS FOIA reading room, Senator Rand Paul wrote a letter to USCIS asking that the regulations be withdrawn, considering excessively high investment amount increase, and that Congress should change the investment amount. what are the 4 gas giants in the solar system USCIS responded that Congress had its chance, and that USCIS is considering public comment as it proceeds with the rulemaking process.

As you are likely aware, since last May there have been new rounds of Congressional negotiations on the future of the EB-5 Regional Center Program. We understand that during the course of these negotiations your Department was encouraged by both individual Members of Congress and stakeholders to not finalize the proposed regulations, since a potential legislative solution could be imminent. Recently, these good-faith negotiations collapsed due to the opposition of the same special interest groups who have worked to derail all efforts to reform the program.

Because we do not foresee a legislative solution in the near term, we believe that it is incumbent upon you to end all delays and issue the proposed regulations in final form. 5 gases found in the environment The proposed regulations are firmly within your explicit statutory authority provided by Congress when we created the EB-5 program, and there can be no dispute that they address a number of serious deficiencies in the program.

• Border Security and Immigration Reform Act of 2018 (H.R. 6136) (aka the GOP comprise bill) was rejected by the House on June 27. It would’ve affected EB-5 by removing the per-country limit for EB-5 visas, which would decrease the visa wait time for backlogged China-born investors and while making wait times dramatically longer for everyone else. (I estimate that the wait time for conditional permanent residence would be a decade for all new investors, based on the number of pending petitions, were H.R. 6136 to pass.) H.R. 6136 proposes to increase visa numbers for every EB category except EB-5.

• EB-5 Reform Act of 2018: This bill was discussed for inclusion in the omnibus due by March 23, 2018, but in the end was not included. As Klasko Law puts it in their client alert: “The EB-5 industry was largely shut out of the process or brought in too late to be able to provide meaningful guidance and input. So it should come as no surprise that the proposed bill died the same way it began: in a secret, back-room agreement without the participation or input of the vast majority of the EB-5 industry.” IIUSA explains: “Unfortunately, the compromise reform and reauthorization legislation failed to garner the support of all industry organizations and failed to be included in the omnibus appropriations legislation. …The omnibus legislation, however, does include an extension of the current EB5 Regional Center Program through September 30, 2018.” The IIUSA statement includes a link to the Revised EB-5 Reform Act of 2018 and IIUSA Comments. Senator Grassley explains his perspective on the EB-5 Reform Act and the process that produced it: Grassley: Big Money Interests Again Block Reforms for Corrupt EB-5 Visa Program. I wrote about the bad and the good of the proposal. Additional articles on the EB-5 Reform Act of 2018: Summary of the Draft EB-5 Reform Act (3/19/2018) Saul Ewing Arnstein & Lehr, ILW Discussion of the bill (3/16/2018), Imperfect EB-5 Bill? Perfect, We’ve Arrived Carolyn Lee, Miller Mayer (3/16/2018), 10 Things to Know about the New EB-5 Reform Act (3/13/2018) Wolfsdorf Rosenthal, Klasko Law Webinar (3/12/2018), Chilling Effect of Proposed EB-5 Investment Amounts on EB-5 Regional Centers in Rural States (3/9/2018) Mintz Levin, IIUSA email about the draft EB-5 Reform Act

• S.2344 – Immigration Innovation Act of 2018 (Senators Hatch, Flake) would free up employment-related visas in a way that would help EB-5 among other categories. But I doubt the it will gain any more traction this time than it did before, since it doesn’t fit in the administration’s immigration framework, and Hatch and co-sponsor Flake have already said their goodbyes to the Senate. The Hatch bill text does not, as misreported in some media, include RC program reauthorization or any direct reference to EB-5.

If Congress moves to terminate the RC program, one hopes that the move will come with new language that protects good-faith regional center applicants already in the system. ( I estimate about 95,000 people, regional center investors and family, are currently in the pipeline between I-526 filing and I-829 filing.) Current policy treats regional center termination as a material change that would abort the process for people waiting on a green card, but does not address what would happen were the entire program terminated.

Policy Manual 6 USCIS-PM G Chapter 4(C): Changes that are considered material that occur after the filing of an immigrant investor petition will result in the investor’s ineligibility if the investor has not obtained conditional permanent resident status. …Further, the termination of a regional center associated with a regional center immigrant investor’s Form I-526 petition constitutes a material change to the petition.

Policy Manual 6 USCIS-PM G Chapter 5(C): Further, with respect to the impact of regional center termination, an immigrant investor’s conditional permanent resident status, if already obtained, is not automatically terminated if he or she has invested in a new commercial enterprise associated with a regional center that USCIS terminates. The conditional permanent resident investor will continue to have the opportunity to demonstrate compliance with EB-5 program requirements, including through reliance on indirect job creation.

• The regional center program would lapse for the duration of the partial government shutdown, until a bill reauthorizes the RC program. During this lapse period, it’s likely that (1) any incoming regional center-associated I-526 and I-924 will be rejected, (2) no action will be taken on regional-center associated I-526 and I-924 already pending at USCIS, (3) adjudication will probably continue as usual for all I-829 petitions, (4) no regional-center based visas will be issued overseas, and no final action taken on adjustment of status cases involving regional center investment. Action can begin again as usual for all these petitions and visas as soon as a bill passes that renews regional center program authorization.