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Immigration Daily April 20, 2010
Previous Issues
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Comment: Patriots' Day

As they have been for a number of years, ILW.COM's offices were closed yesterday April 19th for Patriots' Day. Patriots' Day is celebrated in honor of the anniversary of the Battle of Lexington and Concord on April 19, 1775, which is generally considered to be the beginning of the American Revolutionary War. For more information on Patriots' Day, see here.

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Focus: Investor Options For Experts

ILW.COM is pleased to announce a new 3-part seminar series "Investor Options For Experts" with David Morris, John Barrett, Michael Gibson, Melissa Krinzman, Jason Oleet and others. The curriculum is as follows:

FIRST Phone Session on April 29: EB-5 Indirect Jobs? Induced Jobs? Ask the Economist

Most immigration lawyers will never need to understand economic forecasting to file visa petition. But the EB5 program changes all that. In fact, nearly 90% of all EB-5 cases rely on economic modeling to prove job creation testing to seek conditional residency and two years later to seek removal of conditions. A panel of economists will discuss basic concepts that every immigration lawyer working in the EB-5 visa program should know including:

  • What are direct/indirect/induced jobs?
  • Overview of USCIS approved models including RIMS II and IMPLAN
  • Reality check on job creation claims by Regional Centers
  • Coordinating business plan, econometric report, and reality during I-526 and I-829 petitions
  • Defining TEAs to claim $500,000 reduced investment threshold
  • Questions and Answers
SECOND Phone Session on May 20: No – The Actual Business? A Regional Center or A Regional Center Project

A Regional Center is typically nothing more than an umbrella organization that allows a foreign national investing capital into a specific project to claim derivative immigration benefits under the EB-5 Regional Center laws. This means potential immigrants should not be overly focused on a specific Regional Center or even on their immigration history. Rather, they should investigate the specific investment Project because that entity will actually receive and place the capital at risk, create and sustain the jobs, and return the capital. For many valid reasons, immigration lawyers shy away from discussing these "business" issues with clients interested in the EB5 program. Panelists will discuss the "business side" issues of the EB-5 program that may help immigration lawyers point their clients to possible experts qualified to address these non-immigration issues:

  • Survey of Business/Structure Characteristics Used By EB-5 Projects
  • Two biggest risk factors for EB-5 Investors: job creation and capital preservation
  • Independent business analysis and valuations/Investment Banking Issues
  • Different Business Models: Commercial Real Estate, Manufacturing
  • Different Investment Models: Loan, Equity, other
  • Testing the Business Plan & Job Creation Plan
  • Testing the Exit Strategy & Return of Capital plan
THIRD Phone Session on June 10: Change, Change, Change. USCIS Issues 38 Pages of EB-5 Policy Changes (December 2009)

On December 11, 2009, the USCIS issued a sweeping 23 page memorandum that "rescinds in its entirety" many prior policies that defined the EB-5 Program and establishes new guidance to all CSC personnel involved in the adjudication of any EB-5 visa petition or Regional Center application. That same week, USCIS issued a 15 page "Questions and Answers" document resulting from an EB-5 stakeholders meeting. The panelists will discuss these very important changes :

  • What are the new EB-5 policies and adjudication standards
  • What policy problems has the Service fixed and what is now broken
  • How a "material change" could result in an investor losing both residency and an "age out" child under CSPA
  • How a TEA today may not be a TEA tomorrow (failing to preserve $500,000 investment qualification)
  • USCIS burdens on Investor not Regional Center/Project
  • Using "Exemplar" I-526 Petition To Stop USCIS Second Guessing
Tuesday, April 27 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.

Article: In The Child's Best Interest? The Consequences Of Losing A Lawful Immigrant Parent To Deportation
Jonathon Baum, et. al

Article: Some Effects Of Padilla Warnings On Non-Citizens
Peter S. Kollory, Esq.

To submit an Article to Immigration Daily, write to

News: DOJ Immigration Litigation Bulletin: March 2010

News: CRS Report On Mexico-US Relations

To submit a news item to Immigration Daily, write to

Help Wanted: Immigration Attorney
Washington, DC - Fragomen is looking for an attorney with 1+ years of experience in business immigration with an emphasis on the preparation, review and analysis of nonimmigrant L-1 and H-1B petitions and applications; knowledge of immigration law and procedure; excellent communication and interpersonal skills. Qualified candidates will be highly organized, have a strong work ethic and have meticulous attention to detail. Associate will work with large, global, corporate accounts and have a great deal of direct client contact. Highly competitive salary and benefits. Please email cover letter, resume, and writing sample (Word or Adobe formats only), in confidence, to Robert F. McCafferty, Human Resources/Office Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, at Or fax same to 202-371-2898. EOE.

Help Wanted: Immigration Attorney
Portland, Oregon - The Office of the Chief Counsel seeks experienced attorney Associate Regional Counsel, USCIS OCC, Western Region with 2+ years experience. Provide on-site legal advice to the local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Responsible for providing litigation support to U.S. Attorneys' Offices on cases arising from local District adjudications. Supervised by the Deputy Western Regional Counsel and the Western Regional Counsel. Preference is given to applicants with immigration law experience, federal litigation background, excellent academic record, and strong writing skills. For more info, key in Job Announcement Number: COU-CIS-2010-0005 at Submit resume, cover letter, references, + writing sample (maximum 10 pps.) to Kelli Duehning, Western Regional Counsel, USCIS Office of the Chief Counsel: Must be received by 5pm EST, Monday, April 23, 2010. Position is at the GS-13/14/15 levels. Open until filled.

BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board of Immigration Appeals? We offer same day service to the BIA. We are conveniently located only a block away. Fax us your Notice to Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and we will personally file it for you, obtain a stamped date copy and mail/fax it back to you. We offer competitive rates and unparallelled service. For information, contact us: Brief-X-Press, Falls Church, VA Fax: (703) 845-5991.

Translation Services
Certified translations by Legal Language Services in 157 languages have helped immigration attorneys throughout the United States for more than 25 years. Legal Language translates birth and marriage certificates, academic degrees, health records, employment information and other documents needed for immigration proceedings. Legal Language meets all USCIS translation requirements. Legal Language also offers consecutive and simultaneous interpreting, as well as certified transcription, in support of immigration proceedings. Rush service, including same day service, is available for a slight additional fee. For a free consultation or for more info: call 1-800-788-0450 or email or visit us at In addition, Legal Language seeks experienced immigration attorneys to contribute to our blog and respond to questions from visitors to our site. Email us to discuss further.

CLE Immigration Event
Memphis, TN - (May 14-15, 2010) The Federal Bar Association and The Mid South Chapter of the American Immigration Lawyers Association (AILA) invite you to join us for one of the most exciting national immigration conferences available this year. The confirmed speaker line-up is a who's who of well-renown AILA attorneys and government officials including Judges from The US Circuit Court of Appeals, the EOIR's Office of the Chief Immigration Judge (OCIJ), former and current Immigration Judges from across the country, and counsel from The Office of Immigration Litigation (OIL). This conference also offers the opportunity to hear from a panel of ICE and USCIS supervisors as they discuss various immigration issues that affect both the mid-South and the nation as a whole. Come mingle with faculty without large crowds. This intimate setting is perfect for both new and experienced practitioners alike. Program includes special tracks for pro bono attorneys as well as criminal lawyers. Earn up to 16 CLE hours (with a possibility of 6 ethics hours offered) and have fun, too. Early bird deadline is April 15, 2010 . For more information, including speakers, curriculum, see here. To register online, see here.

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Tweet: Bet on futures market for #immigration reform! No kidding! What will they think of next!

Tweet: Racist rascals lose 1/3rd of their funding! Deport the racists to Antarctica! #immigration

Tweet: TheHill: Dem to Obama: Push #immigration or I’ll tell Latino voters to stay home Link2Vid:

Tweet: TheHill: The Big Question: Should Dems push #immigration reform?

Tweet: RollCall: Hispanic Leader Signals Growing Discontent With Obama Msg2Dems: Markup #CIR NOW or lose in November

Tweet: Rep. Luis Gutierrez loses patience with Obama…wants amnesty now #immigration

Tweet: McCain Says No #Immigration Reform Until Borders Secure: Senator proposes to deploy National Guard troops to border

Tweet: CLE Seminar: Advanced Business #Immigration Strategies in Troubled Times 4/22 at 2pm ET Register at

Tweet: Politico on McCain flipflop on #immigration Is the man who braved the POW camps afraid of racists?

Tweet: #Immigration Practice: a complete guide w/ issues & procedures lawyers need to handle an immigration matter. Get ur copy

Tweet: WSJ: On #immigration Dems n Repubs both need BUSH BACK!

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Immigration Event - Washington, DC
The Migration Policy Institute is pleased to invite you to: Securing Human Mobility in the Age of Risk: New Challenges for Travel, Migration, and Borders. Thursday, April 22, 2010, 9-10:30 am, MPI Conference Room, 1400 16th Street, NW, Suite 300, Washington, DC To RSVP, see: Contact or 202-266-1929 for more info.

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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2010 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X

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