The EB-5 Regional Center Program, which was due to sunset (expire) on September 30, 2019, has been extended through November 21, 2019. A Continuing Resolution was passed by Congress on September 28, 2019 and signed by the President extending the funding of the federal government to prevent a government shutdown. The resolution includes language to extend the EB-5 Regional Center Program through November 21, 2019.

The program extension through November 21st coincides with the effective date of the new EB-5 Modernization Regulations, which increases the investment amount, changes who has the authority to make TEA designations, and implements stricter TEA requirements, among other things.

The current minimum price for an EB-5 investment is $500,000, which will increase to $900,000, effective November 21st.

Prospective investors that invest into an EB-5 project and file their petitions prior to November 21st will be grandfathered under the current rules of the program as they exist today.

The White House announced Thursday , September 26, 2019, that it drastically lowered the refugee cap to 18,000 for the upcoming fiscal year.

The 18,000 figure is the lowest levels since the start of the refugee program, and already down from 30,000 last year.

The State Department announced the cut was based on the “current burdens” on the immigration system, and that the cap will not be raised until those burdens are “alleviated.”

The State Department estimated that it will receive 368,000 refugee and asylum claims in FY 2020, but will only admit a maximum of 18,000 refugees.

On September 17, 2019, a class action lawsuit was filed in the Eastern District of New York on behalf of thousands of U-visa petitioners whose requests for work permits known as Employment Authorization Documents (EADs) have never been adjudicated, and who have been forced to wait unreasonable periods of time for the benefits Congress provided in the U-visa program.

The class includes anyone who

(1) submitted a U-visa petition on or before March 17, 2019;

(2) requested employment authorization in connection with the U-visa petition; and

(3) has not received a waiting-list determination or an EAD from USCIS.

If the suit is successful, USCIS will be required to make EAD determinations for everyone in the class and to make waiting-list determinations for a subset of the class.

There are three primary claims.

First, USCIS has violated the law by failing to timely adjudicate U-visa petitions for placement on the regulatory waiting list. The current processing time just to be placed on the waiting list is more than four years, leaving petitioners in limbo without work authorization or protection from deportation for that time. This claim applies to the subset of class members who filed U-visa petitions on or before September 17, 2017.

Second, USCIS violated its own regulations by failing to issue automatic interim EADs when it failed to adjudicate EAD requests within 90 days. This claim applies to the subset of class members who filed U-visa petitions on or before January 17, 2017.

Third, USCIS has unlawfully failed to adjudicate EAD applications submitted by U-visa petitioners whose petitions are bona fide. This claim is brought on behalf of all class members.

Being aware of these seven common blunders when choosing an immigration attorney can help you find peace of mind, and avoid years of stress.

1. Hiring an Immigration Attorney Who Is Not Board Certified

A wrong or misinformed legal strategy can have permanent consequences on your life.

Attorneys with demonstrated expertise and knowledge within a specific area of law can be awarded a Certificate of Special Competence by the Texas Board of Legal Specialization (TBLS) board certification program which serves the public interest and advances quality standards within the legal profession.

The TBLS board certifies immigration lawyers that have substantial, relevant experience in a select area of law such as immigration law, have completed continuing legal education hours in the specialty area, and passed a rigorous exam. Board certified immigration attorneys are up to date with all of the latest changes in not only the immigration law, but the government agencies’ protocols.

This select group of attorneys is authorized to indicate that they are BOARD CERTIFIED IMMIGRATION LAWYERS and for the most part are experienced, respected and tested.

When it comes to your immigration case, your legal strategy can and will impact your life, for better or worse, and the legal advisor’s advice should be trustworthy and accurate.

2. Hiring the Immigration Attorney You Meet

While it’s tempting to hire the immigration attorney closest to home or the first immigration attorney advisor in the yellow pages or the internet, this decision requires more time. Take your time to interview at least a few immigration attorneys before picking the best match for you.

3. Choosing an Attorney with the Wrong Specialty

Some immigration attorneys specialize solely in practicing immigration and nationality law. Others practice immigration law along with other types of law such as family, criminal, civil, etc.

Some might be best for deportation matters and others for family immigration matters or employment based cases. Be sure to understand an immigration attorney’s strengths and weaknesses – before signing the dotted line.

4. Picking an Immigration Attorney with an Incompatible Strategy

Each immigration attorney has a unique strategy. Some immigration attorneys may suggest an aggressive approach, while others are more conservative. If you prefer not to take great risks with your case matter, an immigration attorney that espouses an aggressive approach is not a great match for you.

5. Not Asking about Credentials

To give legal advice, immigration attorneys are required to pass a test and be issued a state license to practice law. Ask your immigration attorney about their licenses, tests, and credentials. Some immigration attorneys go a step further and become Board Certified by the state bar that has issued the attorney a license to practice law.

6. Making Assumptions When They are Affiliated with a Reputable Brand

An immigration attorney might appear qualified and professional due to an association with a major law firm. Working with an immigration attorney from a reputable and large firm can lead to stability and access to other attorneys practicing in various fields and disciplines. However, choose an immigration attorney because they are the best fit, not because of their branding.

7. Not Understanding How They are Paid

Some immigration attorneys are “fee only” and charge you a flat rate no matter what. Others charge on an hourly basis. For either approach you should always demand a written attorney / client contract.

If the immigration attorney is interested in earning and charging you more but ignores your best interests, do not hire them.

If your immigration attorney pushes unnecessary services on you, it’s time to find an immigration attorney who has your best interest in mind.

The immigration attorney is ethically bound to act in the client’s best interest

The “port immigration courts” built by federal contractors in two massive tents near Brownsville and Laredo this summer at a cost of $25 million will be closed to legal observers, the press and the public according to a Trump administration announcement this week.

The Department of Homeland Security indicated in a statement that immigration judges in San Antonio will remotely hear those cases over a video link.

Judges from other Texas cities such as Harlingen and Port Isabel would also be hearing the cases of more than 42,000 asylum seekers who were returned to Mexico in accordance with the Trump administration’s “ Remain in Mexico” program which began in January of 2019.

Immigration lawyers condemned the restrictions and the blocking of public access to immigration court hearings as a violation of the due process rights of asylum seekers.

Today, September 4th 2019, DHS published a proposed rule that will require a $10 fee for each registration submitted to register for the H–1B cap selection process.

Petitioners seeking to file H–1B petitions will need to first electronically register with USCIS during a designated registration period for the petition to be considered properly filed.

The H–1B registration system will not be a totally separate system and will be established within a platform that supports other USCIS functions.

The registration program will require USCIS to incur certain costs and burdens for iterative development, correcting problems, handling help desk calls, and adding or maintaining infrastructure.

DHS expects to expend a total of about $1.5 million on the initial development of the registration website and the $10 fee will help offset the startup costs.