Immigration Blog

Danger: Avalanche of EB-5 Petitions May Prompt Calls for Program Expansion

By David North, March 31, 2016

Nervous Chinese millionaires and multi-millionaires, sensing that the rock-bottom level of investment now set by the U.S. government for a handful of immigrant visas ($500,000) is about to increase, have, along with others, filed enough EB-5 petitions to meet the program's ceiling for five years to come.

It is the Obama administration's dream come true — there is so much demand for these visas that it can now argue for an expansion of the program beyond the decades-long ceiling of 10,000 visas a year. Read more...

Do Substance Abusers Exhibit Good Moral Character?

By Dan Cadman, March 30, 2016

Those merry pranksters at the federal Ninth Circuit Court of Appeals (9-CCA) have been having their way with the immigration law again, reinterpreting it into an image more consonant with their Left Coast views.

I recently wrote a blog post about how the 9-CCA decided that California's identity theft laws didn't rise to the level of moral turpitude as a basis for deportability, despite common sense to the contrary. Now they've turned their incessantly wandering eyes upon the matter of habitual drunkenness — which subjects one to a variety of immigration penalties, including removal and denial of benefits or relief, for lack of good moral character. Read more...

SEC Cleans Up Two EB-5 Messes in One Week

By David North, March 30, 2016

The Securities and Exchange Commission, once again, has galloped onto the scene to clean up messes created by the ever-messy EB-5 (immigrant investor) program — this time handing down orders on two different cases within a few days of each other in the week of March 21.

It ordered one set of middlemen, in Florida, to disgorge about $3.2 million in ill-gotten EB-5 fees; in a Washington State case, it consented to a settlement in which an EB-5 lawyer agreed to pay the Commission $278,169 in disgorgement, interest, and penalties.

In both cases the parties had acted as unregistered broker-dealers; one might think that professionals handling multi-million dollar EB-5 deals would know better, but that was not the case. The EB-5 program gives sets of green cards to investors (for the alien, the spouse, and all their children under 21) who provide DHS-licensed regional centers with half-million-dollar investments. Read more...

A Bill to End Favorable Treatment for Cuban Aliens

By Dan Cadman, March 29, 2016

Over the past several months, my colleague Kausha Luna, and to a lesser extent I myself, have been watching and commenting on Cuban migration. Migrants who manage to leave the island by hook or crook for South or Central American nations — often under the guise of "turismo" — immediately abandon that pretense on arrival and begin making the trek northward to the United States. Read more...

The H-1B Program Facilitates Blatant Racial Discrimination

By David North, March 29, 2016

Suppose there was a large, U.S. government-operated program that permitted U.S. employers to hire nothing but White Anglo Saxon Protestant (WASP) college-graduate men between the ages of 22 and 30.

Suppose that program, more narrowly, allowed major U.S. employers to discriminate in favor of descendants of men who had graduated from an Ivy League College before World War II. (After WWII the Ivy League dropped its restrictive admissions practices.) Read more...

"Welcome Cubans to the Land of Liberty and Opportunity"
Once U.S. admits visa-less Cubans, non-profit group helps with work permits, welfare, bus tickets

By Kausha Luna, March 28, 2016
Once U.S. admits visa-less Cubans, non-profit group helps with work permits, welfare, bus tickets

Over the last couple of months thousands of Cuban migrants have been transferred from Costa Rica to Nuevo Laredo, Mexico, from where they cross into Laredo, Texas. As the islanders leave the port of entry at Bridge 1 they are greeted by a banner immediately across the street, which reads "Welcome Cubans To The Land of Liberty and Opportunity."

The welcoming banner hangs from the offices of the non-profit organization Cubanos en Libertad (Cubans in Liberty). My colleague Jessica Vaughan and I were able to meet the man behind the organization during a recent visit to Laredo. Read more...

State Map: Number of Immigrants and Their Minor Children

By Steven A. Camarota, March 28, 2016

The Center recently released an analysis of December 2015 government data indicating that more than 61 million immigrants and their American-born children under age 18 now live in the United States. The numbers represent a complete break with the recent history of the United States. As recently as 1970, there were only 13.5 million immigrants and their young children in the country, accounting for one in 15 U.S. residents. Read more...

The EB-5 Program Continues to Be a Bonanza for Litigating Lawyers

By David North, March 28, 2016

Never let it be said that the EB-5 (immigrant investor) program does not create jobs in the American economy.

It may not do much for factory workers or hotel employees, but it is a bonanza for lawyers, and yet another expensive legal dispute came into view recently. Read more...

Employers Vastly Overstate Unfilled Jobs to Justify Hiring H-1Bs

By John Miano, March 25, 2016

After I testified before the Senate immigration subcommittee in February about the H-1B visa mess, a woman from IBM politely confronted me. To dispute my testimony, she asserted that IBM had 40,000 unfilled jobs.

The very next week, news reports appeared about massive layoffs at IBM. Read more...

U.S. Immigration Policy as a 10-Layer Cake with Cuban Frosting

By David North, March 25, 2016

If you were a creature from outer space, complete with really good computational skills, and you were examining U.S. immigration policy, you would find that our policy resembles a 10-layer cake, coated with a Cuban frosting.

While immigration law sometimes applies equally to aliens from all nations, as in the case of a U.S. citizen seeking a visa for an alien spouse, different rules often apply to different kinds of migrants from different countries, in a maze of complications. This blog post is an effort to illustrate how the total set of migration rules impacts different nations. (In some cases a nation will appear in two or more layers, and some of the layers will be much more populated than others.) Read more...