EB-5 Regional Center program to be Extended Through April 28, 2017

Yesterday, Congress introduced a bill for another continuing resolution that will extend federal government funding through April 28, 2017. Included in this stop-gap measure is a short-term reauthorization of the EB-5 Regional Center Program through April 28, 2017, avoiding a lapse to the Program which would otherwise sunset on December 9, 2016. 

 

Summary of DHS Final High-Skilled Regulations (Effective Date 1/17/17)

“Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” 81 Fed. Reg. 82398 (Nov. 18, 2016) (AILA Doc. No. 16120501)(Posted 12/5/16)

The provisions summarized herein take effect on January 17, 2017. 

PRIORITY DATES:

8 CFR §204.5(d): Priority date. Amended to clarify that the priority date of a properly filed employment-based IV petition that does not require a labor certification, or is accompanied by an application for Schedule A designation, is the date the completed, signed petition is properly filed with DHS. 8 CFR §204.5(e): Retention of section 203(b)(1), (2), or (3) priority date. • Amended to provide that the priority date in an EB-1, EB-2, or EB-3 petition may be used for a subsequently filed EB-1, EB-2 or EB-3 petition, and may be used for purposes of 204(j) portability, unless USCIS denies the initial petition or revokes the petition’s approval due to: (1) fraud or a willful misrepresentation of a material fact; (2) a determination that the petition was approved based on a material error; or (3) revocation or invalidation of the labor certification associated with the petition. • Clarifies that a priority date cannot be transferred to another alien.

EMPLOYMENT AUTHORIZATION FOR EMPLOYMENT-BASED NONIMMIGRANTS:

8 CFR §204.5(p): Eligibility for employment authorization in compelling circumstances. (1) Eligibility of principal alien. Permits one year of employment authorization for an individual who: (1) is currently in the U.S. in valid E-3, H-1B, H-1B1, O-1 or L- nonimmigrant status [including the 10-day and 60-day grace periods under 214.1(l)(1) and (2)]; (2) is the principal beneficiary of an approved EB-1, EB-2 or EB-3 IV petition; (3) does not have an IV immediately available; and (4) can demonstrate compelling circumstances that justify the issuance of employment authorization. (2) Eligibility of spouses and children. Family members of the principal are also eligible for employment authorization and may apply concurrently with the principal but cannot be granted until the principal is granted. The validity period of employment authorization for family members cannot exceed that granted to the principal. (3) Eligibility for renewal of employment authorization. May apply to renew employment authorization prior to expiration of the initial EAD if the individual can show that he or she continues to be the principal beneficiary of an approved EB-1, EB-2 or EB-3 IV petition and either: (1) an IV is still not immediately available and the worker continues to face compelling circumstances; or (2) the difference between the principal beneficiary’s priority date and the Final Action Date listed in the current Visa Bulletin for the relevant employment-based category and country of chargeability is 1 year or less. Family members can also apply for renewal concurrently with the principal but cannot be approved unless the principal is granted. The validity period of employment authorization for family members cannot exceed that granted to the principal. (4) Application for employment authorization. Must file Form I-765 with appropriate fee and biometrics fee. Employment authorization may only be granted in 1-year increments. (5) Ineligibility for employment authorization. Not eligible if convicted of any felony or two or more misdemeanors.

REVOCATION:

8 CFR §205.1(a)(3)(iii)(C) and (D): Automatic Revocation. Amends the regulations so that employment-based IV petitions that have been approved for 180 days or more (or where an associated adjustment of status application has been pending 180 days or more) would no longer be automatically revoked based only on withdrawal by the petitioner or termination of the petitioner’s business. As long as the approval has not been revoked for fraud, material misrepresentation, the invalidation or revocation of a labor certification, or material USCIS error, the petition will continue to be valid for various purposes including: (1) retention of priority dates; (2) job portability under INA §204(j); and (3) extensions of status under AC21 §§104(c) and 106(a) and (b).

GRACE PERIODS:

8 CFR §214.1(l)(1): Period of Stay. New provision provides 10-day grace period to individuals in E-1, E-2, E-3, H-1B, L-1, and TN classifications and their dependents. Final rule says individuals “may” be admitted or otherwise provided such status. But see 8 CFR §214.2(h)(13)(i)(A), H-2B beneficiaries “shall” be provided a 10 day grace period before and after the petition validity period.

8 CFR §214.1(l)(2): New provision authorizes a grace period, up to 60 days, during the period of petition validity (or other authorized validity period) for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrants whose employment has ended. Includes dependents. 60 day grace period permitted one time per authorized validity period. DHS may shorten the validity period as a matter of discretion.

H-1B CHANGE OF EMPLOYER

8 CFR §214.2(h)(2)(i)(H): H-1B Portability. Implements AC21 §105(a). Permits H-1B nonimmigrants who are beneficiaries of new H-1B petitions seeking an amendment or extension of their stay to commence new or concurrent employment upon the filing of a non-frivolous H- 1B petition. Includes provisions for successive H-1B portability petitions.

LICENSURE:

8 CFR §214.2(h)(4)(v)(C): Duties without licensure. DHS may approve an H-1B petition for a validity period of up to 1 year if a state or local license to engage in the relevant occupation is required and the appropriate licensing authority will not grant such license due solely to the beneficiary’s lack of a valid social security number or employment authorization, or failure to meet a similar technical requirement. A beneficiary who has been approved for a 1-year validity period may not obtain an extension of H-1B status for the same position without proof of licensure. The petitioner must include evidence of the identity, physical location, and credentials of the individual(s) who will supervise the alien and evidence that the petitioner is complying with state requirements.

H-1B CAP EXEMPTION

8 CFR §214.2(h)(8)(ii)(F)(1): Adopts the definition of “institution of higher education” provided by §101(a) of the Higher Education Act, consistent with 8 CFR §214.2(h)(19)(iii)(A) for purposes of the ACWIA fee. 8 CFR §214.2(h)(8)(ii)(F)(2): The term “related or affiliated nonprofit entity” is defined, both for ACWIA fee (8 CFR §214.2(h)(19)(iii)(B) and cap exemption purposes, to include nonprofit entities that satisfy any one of the following conditions: (1) the non-profit is connected or associated with an institution of higher education through shared ownership or control by the same board or federation; (2) the non-profit is operated by an institution of higher education; (3) the non-profit is attached to an institution of higher education as a member, branch, cooperative, or subsidiary; or (4) the non-profit has entered into a formal written affiliation agreement with an institution of higher education that establishes an active working relationship with the institution of higher education for the purposes of research or education; and a fundamental activity of the non-profit is to directly contribute to the research or education mission of the institution of higher education. 8 CFR §214.2(h)(8)(ii)(F)(3): Non-profit entity is defined by 8 CFR §214.2(h)(19)(iv); Nonprofit research organization and governmental research organization are defined by 8 CFR §214.2(h)(19)(iii)(C), as a “federal, state, or local entity whose primary mission is the performance or promotion of basic research and/or applied research.”

8 CFR §214.2(h)(8)(ii)(F)(4): An H-1B petitioner that is not itself a qualifying institution, organization or entity may claim an exemption from the cap for an H-1B nonimmigrant if: (1) the majority of the worker’s duties will be performed at a qualifying institution, organization, or entity; and (2) such job duties directly and predominately further the essential purpose, mission, objectives or functions of the qualifying institution, organization or entity (e.g., higher education, or nonprofit or governmental research). 8 CFR §214.2(h)(8)(ii)(F)(5): A previously exempt H-1B nonimmigrant will be counted against the cap when changing employment if he or she will no longer be employed by a cap-exempt entity, and he or she has not previously been counted within the 6-year period of authorized admission to which the cap-exempt employment applied. 8 CFR §214.2(h)(8)(ii)(F)(6): Permits concurrent cap-subject employment for an H-1B beneficiary in a cap-exempt position, but validity of the cap-subject employment cannot extend beyond the validity of the cap-exempt employment.

H-1B RECAPTURE:

8 CFR §214.2(h)(13)(iii)(C): Calculating the maximum H-1B admission period. Permits H- 1B beneficiaries to recapture time spent outside the United States during the validity of an H-1B petition. May recapture at any time before the beneficiary uses the full 6 years.

AC21 §106 H-1B EXTENSIONS (1 YEAR INCREMENTS)

8 CFR 214.2(h)(13)(iii)(D)(1): Lengthy adjudication delay exemption from 214(g)(4) of the Act. Authorizes approval of H-1B status beyond 6 years, in 1-year increments, for certain H-1B nonimmigrants who are seeking employment-based LPR status if 365 days or more have passed since the filing of a labor certification application or employment-based IV petition.

8 CFR §214.2(h)(13)(iii)(D)(2)-(3): Extensions are generally available until the LC expires, a final decision is made to deny the LC or IV petition, or to revoke an approved LC or IV petition, to grant or deny permanent resident status, or otherwise close an application for LC, an IV petition or application to adjust status. Decision to deny or revoke an LC or IV petition is not final until administrative appeals have been exhausted.

8 CFR §214.2(h)(13)(iii)(D)(4): Substitution of Beneficiaries. An alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, 2007.

8 CFR §214.2(h)(13)(iii)(D)(5): Advance Filing. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. May file before 365 days have elapsed as long as the LC or IV petition is filed at least 365 days prior to the date the period of authorization will take effect. May request time remaining in 6 years, including recapture time, at the same time as requesting a 1-year AC21 extension.

§214.2(h)(13)(iii)(D)(6): Petitioners Seeking Exemption. H-1B petitioner need not be the same employer listed in the LC or IV petition. 8 CFR §214.2(h)(13)(iii)(D)(7)-(8): Subsequent Exemptions/Aggregation. Qualifying LC or IV petition need not be the same as that used to qualify for the initial H-1B extension beyond 6 years but cannot aggregate the number of days multiple LCs or IVs have been pending to meet the 365 day requirement.

8 CFR §214.2(h)(13)(iii)(D)(9): Exemption Eligibility. Only the principal beneficiary of the LC or IV petition may be eligible for an AC21 H-1B extension; spouses in H-1B status cannot piggyback.

8 CFR §214.2(h)(13)(iii)(D)(10): Limits on Future Exemptions. No longer eligible for AC21 H-1B extensions if the individual fails to file for adjustment of status or an IV within 1 year of an IV becoming available. May be excused if failure to file was due to circumstances beyond the alien’s control. If the cut-off date retrogresses during the 1-year period, a new 1-year period will begin when an IV again becomes available.

AC21 §104 H-1B EXTENSIONS (3-YEAR INCREMENTS)

8 CFR §214.2(h)(13)(iii)(E)(1): Per country limitation exemption from section 214(g)(4) of the Act. Authorizes approval of H-1B status beyond 6 years, in 3-year increments, for beneficiaries of approved EB-1, EB-2, and EB-3 petitions who can demonstrate that an immigrant visa is not available at the time the H-1B petition is filed because the immigrant visa classification sought is over-subscribed.

8 CFR §214.2(h)(13)(E)(2): Extensions may be granted until a final decision is made to revoke an approved IV, approve or deny an IV application, or approve or deny an adjustment of status application.

8 CFR §214.2(h)(13)(E)(3): Current H-1B status not required. Beneficiary need not currently be in H-1B status to qualify for an AC21 3-year H-1B extension.

8 CFR §214.2(h)(13)(E)(4): Subsequent petitioners may seek exemptions. H-1B petitioner need not be the IV petitioning employer.

8 CFR §214.2(h)(13)(E)(5): Advance filing. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. May request time remaining in 6 years at the same time as requesting a 3-year AC21 extension.

8 CFR §214.2(h)(13)(E)(6): Exemption eligibility. Applies only to the principal beneficiary; spouses in H-1B status cannot piggyback.
 

OTHER CHANGES TO ACWIA FEE PROVISIONS

8 CFR §214.2(h)(19): Amended to update fee amounts and procedures for submitting the fee or claiming a fee exemption. Also changes references to the form.

8 CFR §214.2(h)(19)(iii): Amended to include other entities that are statutorily exempt from the ACWIA fee. Adds new paragraph (D) to include primary and secondary educational institutions and new paragraph (E) to include nonprofit entities which engage in an established curriculumrelated clinical training of students registered at an institution of higher education.

RETALIATION:

8 CFR §214.2(h)(20): Retaliatory action claims. An employer may submit documentary evidence that the beneficiary faced retaliatory action for reporting an LCA violation, and such evidence may be considered an “extraordinary circumstance” under 8 CFR §§214.1(c)(4) and 248.1(b), justifying the grant of an extension or change of status notwithstanding the fact that the beneficiary failed to maintain continuous status.

AC21 PERMANENT PORTABILITY UNDER INA §204(j)

8 CFR §245.25(a): Validity of petition for continued eligibility for adjustment of status. Requires an alien who has a pending application to adjust status based on an approved I-140 petition to have a valid offer of employment based on a valid petition at the time adjustment is filed and adjudicated, and the alien must intend to accept the offer of employment. Prior to issuing a final decision on adjustment, USCIS may require the applicant to demonstrate to USCIS, using Form I-485 Supplement J and supporting evidence, that: 1) The employment offer from the petitioning employer is continuing; or 2) The applicant has a new offer of employment from the same employer, a different employer or based on self-employment, in the same or a similar occupational classification as the employment offer listed in the qualifying petition, provided: • The adjustment application has been pending for 180 days or more; and • The IV petition has been approved and not revoked, or is pending for 180 days or more after filing for adjustment and is subsequently approved.

8 CFR §245.25(b): Defines “same or similar occupational classification.

VERIFICATION OF IDENTITY AND EMPLOYMENT AUTHORIZATION

8 CFR §274a.2(b)(1)(vii): Amended to provide that when the employee produces a Notice of Action (Form I-797C), confirming that the original employment authorization document has been automatically extended for up to 180 days, reverification applies upon the expiration of the 180 day extension period and not the date on the face of the EAD.

EMPLOYMENT AUTHORIZATION:

8 CFR §274a.12(b)(9): Clarifies that an H-1B beneficiary who commences employment with a new employer upon the filing of an H-1B change of employer petition is authorized to work until the petition is adjudicated.

8 CFR §274a.12(c)(35)-(36): Adds the new “compelling circumstances” basis for employment authorization to the list of aliens who must apply for employment authorization.

Proposed 8 CFR §274a.13(d)(1): Authorizes an automatic 180 day extension of EAD or employment authorization if: 1) The individual files a request to renew his or her EAD prior to the expiration date. 2) The individual is requesting renewal based on the same employment authorization category under which the expiring EAD was granted, or the individual has been approved for TPS and his or her EAD was issued pursuant to 8 CFR 274a.12(c)(19). 3) The individual either continues to be employment authorized incident to status beyond the expiration of the EAD or is applying for renewal under a category that does not first require adjudication of an underlying application, petition, or request.

Proposed 8 CFR §274a.13(d)(3): The 180-day extension is automatically terminated upon the lapse of the 180 day period following expiration of the initial EAD, issuance of a decision denying the individual’s renewal application, upon written notice to the applicant, notice published in the Federal Register, or any other applicable authority.

Proposed 8 CFR §274a.13(d)(4): The expired EAD, in combination with a Notice of Action (Form I-797C) indicating timely filing of the renewal EAD application would be considered an unexpired EAD for purposes of complying with Employment Eligibility Verification (Form I-9) requirements.

ELIMINATED: 8 CFR §274a.13(d): Requires the adjudication of EAD applications within 90 days of receipt. Also requires the issuance of interim EADs with validity periods of up to 240 days when such an application is not adjudicated within the 90-day period.

USCIS Publishes Final Rule For Certain Employment-Based Immigrant & Nonimmigrant Visa Programs

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017.

Among other things, DHS is amending its regulations to:

• Clarify and improve longstanding DHS policies and practices implementing sections of the American Competitiveness in the Twenty-First Century Act and the American Competitiveness and Workforce Improvement Act related to certain foreign workers, which will enhance USCIS’ consistency in adjudication. 
   
• Better enable U.S. employers to employ and retain high-skilled workers who are beneficiaries of approved employment-based immigrant visa petitions (Form I-140 petitions) while also providing stability and job flexibility to these workers. The rule increases the ability of these workers to further their careers by accepting promotions, changing positions with current employers, changing employers and pursuing other employment opportunities.
   
• Improve job portability for certain beneficiaries of approved Form I-140 petitions by maintaining a petition’s validity under certain circumstances despite an employer’s withdrawal of the approved petition or the termination of the employer’s business.
   
• Clarify and expand when individuals may keep their priority date when applying for adjustment of status to lawful permanent residence.
   
• Allow certain high-skilled individuals in the United States with E-3, H-1B, H-1B1, L-1 or O-1 nonimmigrant status, including any applicable grace period, to apply for employment authorization for a limited period if:

1. They are the principal beneficiaries of an approved Form I-140 petition,
2. An immigrant visa is not authorized for issuance for their priority date, and
3. They can demonstrate compelling circumstances exist that justify DHS issuing an employment authorization document in its discretion.

Such employment authorization may only be renewed in limited circumstances and only in one year increments.

• Clarify various policies and procedures related to the adjudication of H-1B petitions, including, among other things, providing H-1B status beyond the six year authorized period of admission, determining cap exemptions and counting workers under the H-1B cap, H-1B portability, licensure requirements and protections for whistleblowers.
   
• Establish two grace periods of up to 10 days for individuals in the E-1, E-2, E-3, L-1, and TN nonimmigrant classifications to provide a reasonable amount of time for these individuals to prepare to begin employment in the country and to depart the United States or take other actions to extend, change, or otherwise maintain lawful status. 
   
• Establish a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status.
   
• Automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.
   
• Eliminate the regulatory provision that requires USCIS to adjudicate the Form I-765, Application for Employment Authorization, within 90 days of filing and that authorizes interim EADs in cases where such adjudications are not conducted within the 90-day timeframe.

NEW ADMINISTRATION’S IMPACT ON IMMIGRATION

IMMIGRATION was a top platform for Trump in his campaign, and as the President-elect how his campaign rhetoric will be played out is still up in the air.  Some of the major areas in immigration law that will most likely be affected are: 

1)    Decrease Legal Immigration – In furthering his administration’s “protectionist views,” Trump may restrict legal immigration as well as further regulating legal workers coming to the U.S. on employment authorized visas (i.e., H-1B and L-1 skilled workers).  His campaign rhetoric on “bringing jobs back to the U.S.” and limiting outsourcing jobs offshore and highly-skilled immigration may result in tightening of regulations in granting visas –especially the highly political H-1B visas which are currently capped at issuance of only 65,000 H-1B visas per fiscal year.  Every year the H-1B visas are depleted and every year, U.S. businesses lament and lobby for increase in these visa numbers, but after Trump is in the office, it looks highly doubtful that this would result in any increase in H-1B visa numbers.  Instead, it may mean more restrictions placed on the issuance of the visas themselves, as well as other categories of skilled worker visas, as well as raising of the fees for filing such petitions.  If U.S. businesses want to hire skilled foreign workers, they will have to pay the price and jump through hoops to do so.

2)    Deportation/Removal/Detention – In his latest TV interview on “60 Minutes” recently, Trump softened some of his rhetoric on immigration, but still vowed to deport or jail as many as 3 million immigrants who have “criminal records” or are “gang members” or “drug dealers.” He did not specify or lay out a clear plan, nor how he would go about funding such a measure.

3)    Building a Border Wall/increase border security – President-Elect Trump may be backing off a bit on his most famous campaign promise of “building a wall” and having the Mexican government pay for it.  He would most likely work with Congress to “expand” the current physical barrier/fences (more of a “symbolic wall”), and expand Border patrol.

4)    End Birthright Citizenship – Trump, despite the 14th Amendment provision that all persons born or naturalized in the U.S. are citizens, has stated that children of undocumented aliens born in the U.S. “must go.”  In terms of how/if this will be implemented is yet to be determined. 

5)    End Deferred Action for Childhood Arrivals (known as “DACA”) –President-elect Donald Trump pledged to end the Deferred Action for Childhood Arrivals (DACA) initiative which was implemented in 2012 by then Department of Homeland Security Secretary Janet Napolitano.  DACA gave deportation relief and work permits to undocumented youth who arrived in the U.S. as a minor (under 16 years old), went to school, and no criminal convictions.  This could impact over 1.3 million young immigrants (700,000 of those who are currently in the workforce under this provision).  Though statements on Trump’s campaign website clearly indicated an intention to end DACA, much remains to be seen.  It is still to be determined know how or when DACA might end. It is possible that USCIS could stop accepting or approving all DACA applications. Alternatively, USCIS could halt only certain components of DACA.

Kansas Secretary of State Kris Kobach served as the advisor to Trump on immigration during the campaign, and will likely have a major role in Trump’s administration on immigration matters.  He has indicated that Trump will repeal/scrap many of Obama’s immigration policies/incentives as well as Obama administration’s approach of deporting and enforcement policies. 

As far as how (or if) and when any of the above changes to immigration policies and regulations will be implemented are yet to be determined.  But one thing is certain, whatever measures the new President-Elect take to change the regulations (which require legislation) will not happen overnight and it won’t be passed through Congress without some strong opposition and push-back.  It is well known that the Speaker of the House Paul Ryan has very different views on immigration, and will be a big factor in whether or how much of Trump’s immigration “plans” get any traction even in the Republican controlled Congress.  It will once again come down to cooperation between the two parties being key factor in accomplishing any immigration reform or changes.  

We will keep a close eye on these issues and advise accordingly.   

New I-9 Forms

Employers need to be aware that the current Form I-9 will only be acceptable/valid until Jan. 21, 2017.

On Aug. 25, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. USCIS must publish a revised form by Nov. 22, 2016. Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013N until Jan. 21, 2017. After Jan. 21, 2017, all previous versions of Form I-9 will be invalid.

Key Changes to the Form I-9

The proposed changes specifically aim to help employers reduce technical errors for which they may be fined, which include:

• Separate instructions from the form. Employers are still required to present the instructions to the employee completing the form.
  
  
• Drop-down lists and calendars.
  
  
• Validations on certain fields to ensure information is entered correctly.
  
  
• Embedded instructions for completing each field.
  
  
• Additional spaces to enter multiple preparers and translators.
  
  
• The requirement that workers provide only other last names used in Section 1, rather than all other names used. This is to avoid possible discrimination issues and to protect the privacy of transgender and other individuals who have changed their first names.
  
  
• The removal of the requirement that immigrants authorized to work provide both their Form I-94 number and foreign passport information in Section 1.
  
  
• A new "Citizenship/Immigration Status" field at the top of section 2.
  
  
• A dedicated area to enter additional information that employers are currently required to notate in the margins of the form (ie., OPT)
  
  
• A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline enforcement audits.

U.S. SENATE MOVES TO EXTEND EB-5 PROGRAM AS IS

The Senate is moving forward with an extension of the EB-5 immigrant investor program as is and reforms to the program appear unlikely.

The provision to extend the program is included in the continuing resolution, a short-term budget bill that allows the government to keep running until early December.

More than 800 immigrants accidentally granted U.S. citizenship

The U.S. government has mistakenly granted citizenship to at least 858 immigrants from countries of concern to national security or with high rates of immigration fraud who had pending deportation orders, according to an internal Homeland Security audit released Monday.

EB-5 visa program may expire on Sept. 30 if Congress doesn’t take action

The investor visa program, EB-5, is set to expire on September 30, unless Congress can temporarily extend it, or reform it to cut down the loopholes and eliminate the numerous cases of fraud that surface with the program.

Three Immigration Lawyers Sanctioned by SEC for Brokering EB-5 Investment

The Securities and Exchange Commission (SEC) has just published three new decisions in connection with administrative proceedings against two well known immigration lawyers, as well as against a third lawyer. One party has allegedly earned $450,000 in commissions from one EB-5 Offeror alone.

https://www.sec.gov/litigation/admin/2016/34-78658.pdf
https://www.sec.gov/litigation/admin/2016/34-78657.pdf
https://www.sec.gov/litigation/admin/2016/34-78656.pdf

Visa Bulletin (September 2016)

This bulletin summarizes the availability of immigrant numbers during September 2016 for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.