NEW EB-5 PROGRAM

On Wednesday, July 24th, 2019, the new EB-5 program federal regulations were published in the Federal Register. The new rules go into effect on November 21, 2019.

EB-5 investors will be grandfathered under the $500,000 investment amount if the petitions are submitted prior to the effective date.

https://www.federalregister.gov/documents/2019/07/24/2019-15000/eb-5-immigrant-investor-program-modernization
Some of the key developments under the final rule include:

  • Raising the minimum investment amounts ($900,000 for TEA and $1.8 million for non-TEA);
  • Revising the standards for certain targeted employment area (TEA) designations;
  • Giving USCIS responsibility for directly managing TEA designations;
  • Clarifying USCIS procedures for the removal of conditions on permanent residence; and
  • Allowing EB-5 petitioners to retain their priority date under certain circumstances.

The New Designation

Acting Homeland Security Secretary Kevin McAleenan announced Tuesday, July 23, 2019, that the department will be invoking and applying the expedited removal process to those who entered the U.S. illegally and are apprehended within two years of their entry.

“The new designation adds one more tool for DHS—utilizing specific authority from Congress—to confront the ongoing security and humanitarian crisis on the Southwest border and throughout the country,” McAleenan said in a statement.

Historically, the expedited removal process has been used only at ports of entry and also within 100 miles of the border. This new directive will expand the expedited removal process to the rest of the country.

The Deported

On July 17th, a documentary, The Deported, hosted by Rosario Dawson, will stream for free on YouTube Originals.

It follows four families where at least one loved one in each family, all of DACA age and long-term residents of the US, are fighting an order of deportation.

The producer of the film is authorizing the use of the documentary for fundraisers, for education, etc.

Trailer:

NEW ASYLUM RULE:

The Department of Justice and the Department of Homeland Security adopted an interim final rule related to asylum which went into effect on Tuesday, July 16, 2019.

The interim rule purports to change the law for processing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border and establishes a new mandatory bar for asylum eligibility.

According to the new rule, an individual who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which the individual transited en route to the United States is ineligible for asylum.

The American Civil Liberties Union has just filed a challenge to the new third country rule in the U.S. District Court for the Northern District of California.

ICE Raids

The proposed ICE raids previously scheduled before the 4th of July are now being reported by NYTimes as starting this Sunday 7/14.

Reports indicate this massive enforcement action could impact 2,000 or more families in ten major cities. These cities include: Atlanta, Baltimore/Washington D.C., Chicago, Denver, Houston, Los Angeles and San Diego, Miami, New Orleans, New York City, and San Francisco.

Please stay tuned for more notices, emails, resources, sign ups, etc. in the next hours and days.

Happy 4th of July!

Every day that we exercise our rights and freedoms in America, we celebrate Independence Day. We wish you a great Fourth of July and every other day of independence throughout the year.
Happy 4th of July!

Please note that our law offices will be closed Thursday July 4 in observation of Independence Day.

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