David North's blog

DHS Proposes New Rules for Inept Entrepreneurs

By David North, August 26, 2016

The Department of Homeland Security on August 26 issued a new rule making it possible for what might be called "inept entrepreneurs" to secure additional temporary legal status in the United States.

There appears to be no upper limit to this latest stretch and abuse of the government's parole authority and it is designed for a subset of entrepreneurs who have some entrepreneurial credentials, but who are not smart enough, or do not have a lawyer smart enough, to secure admission to the United States under the set of laws, regulations, and administrative flourishes now existing. Read more...

Felon Seeks to Sell EB-5-Like Benefits for $380,000 — and Maybe Succeeds

By David North, August 22, 2016

This is not exactly EB-5 fraud, but like a knock-off of a Gucci handbag, the scheme plays off the attraction of the original, in this case the EB-5 program.

There is now (or at least was quite until recently) an offer on the Chinese part of the internet made by a convicted American felon that says that a $380,000 investment in Florida real estate (isn't this where we came in 90 years ago?) can produce not only a nice place to live, but, within two-to-six months, a U.S. passport and many other governmental benefits as well. I am told by our translator that the term "EB-5" does not appear in the pitch, but the investment-in-exchange for immigration benefits proposal tracks EB-5 quite closely and is aimed directly at rich and insecure Chinese investors, the principal alien users of this program. Read more...

Interesting Policy Questions Raised Regarding Defrauded EB-5 Investors

By David North, August 22, 2016

An interesting set of immigration policy question arose last week regarding whether EB-5 investors who have been defrauded by American business interests should get their green cards anyway, despite the failure of the investments — failures only remotely linked to the actions of the aliens.

The questions arose when the court-appointed trustee for the EB-5 disaster in Vermont, Michael Goldberg, said that he was going to use some of the EB-5 funds under his control to hire a lobbyist to seek a change in the immigration law to protect the interests of the 700 or so investors in the ski lodge at Jay Peak and other problematic Vermont properties, as we have reported previously (see here and here). Read more...

State Legislative Seat and Immigration/Marriage Fraud Linked Again

By David North, August 18, 2016

It should have been a glorious moment for her — she was about to become the first Eritrea-born woman in the United States to be elected to a state legislature — but even as she was winning a hard-fought Democratic primary earlier this month against the longest-serving member of the Minnesota House of Representatives in state history, it turns out that she was charged with immigration-related marriage fraud.

And the odd thing is that just over two years ago this summer, pretty much the same thing happened in Manhattan. This time the person was from the Dominican Republic, the first woman from her country to be elected to a state legislature. She managed to serve for a while in the New York State Assembly before her marriage fraud got her bounced from the chamber. Read more...

What If There Was an Amnesty and a Majority of Those Eligible Ignored It?

By David North, August 18, 2016

Suppose the U.S. government offered temporary legal status in a highly publicized, low-cost way, and the majority of the illegal aliens in the eligible age range ignored it.

What would that tell you about the value systems of the people involved? What would it say about enforcement of the immigration law?

Do the majority of these eligibles think highly enough of the community in which they live to want to get right with the law? Apparently not. Read more...

EB-5 Regional Center with Chinese Government Tie Is Terminated

By David North, August 11, 2016

Earlier this year we wrote about a Florida-based EB-5 regional center that reported that its office in China was lodged in a Chinese City Hall, suggesting if not Chinese government ownership, then at least very solid ties to the government. Read more...

Birth Tourism + EB-5 Fraud, All in a Single Case

By David North, August 10, 2016

It had to happen, and it finally did.

With so many well-to-do Chinese families manipulating the immigration law through birth/citizenship activities, and so many of the same kind of families being manipulated by Stateside crooks in EB-5 investor-visa schemes, it was inevitable that one such couple would be enmeshed in both processes.

And it happened in the unlikely environment of far Upstate New York, in Dunkirk in the wine country west of Buffalo. Read more...

More Gulen Teachers Coming Our Way?

By David North, August 9, 2016

The reaction (or over-reaction) by the Erdogan government to the attempted coup in Turkey is bad news for America's unemployed school teachers – because there suddenly is a huge supply of newly-fired educators over there who would love to have a chance to work in America. Read more...

The Muted Conversation about Melania Trump's Early Immigration Status

By David North, August 8, 2016

There has been a muted conversation recently about the question of Melania Trump's immigration status during her first trips to the United States.

Was she working on a visitor's visa (B-1) when she was not allowed to do so?

She subsequently, apparently, secured an H-1B visa (there are – God knows why – special provisions for alien models to secure these visas) and from there she moved to green card and then to citizen status. Read more...

UK Court Precedent Would Bankrupt Our DHS

By David North, August 8, 2016

Were a recent immigration-related ruling by Britain's Law Lords to apply to our Department of Homeland Security, it would bankrupt that agency.

You see, the Brit judges, in a case involving former British colony Antigua and Barbuda, said that if the islands' immigration agency did not make a decision about an alien's application in a period of 12 months, the agency owed monetary damages to the delayed alien. Given the long delays common to DHS, think what that would do to the Department's finances! Read more...

Silicon Valley Insider Tells the Unpleasant Truth about the H-1B Program

By David North, August 7, 2016

In a happy change, a Silicon Valley insider – whose resume includes the ownership of a yacht docked in the San Francisco Bay – describes the H-1B program in this manner:

The American immigrant visa system amounts to indentured servitude, a type of peonage.

This is in a newly-published, much-reviewed, tell-it-all book on the IT industry entitled Chaos Monkeys: Obscene Fortune and Random Failure in Silicon Valley, by Antonio Garcia Martinez. See articles on the book in the New York Times and the Washington Post. Read more...

Administration Reaches Out to Help the 1% – of Syrians

By David North, August 4, 2016

The U.S. government, which portrays itself as the defender of the little guy, has just reached out to another elite group (within an admittedly severely disadvantaged population).

This time it is to give Temporary Protected Status to a very lucky bunch of Syrians – people who had arrived in the United States on Monday, or earlier, either legally or illegally. Read more...

Interesting Migration Flows: Those from What Used to be British India

By David North, August 4, 2016

Stimulated by the remarkable level of ethnic discrimination in the hiring practices of the big Indian outsourcing firms – they hire up to 99 percent of their H-1Bs workers from the Republic of India – I decided to take a look at other streams of migration from what the Brits call the Subcontinent. Read more...

Open-Borders Foe Huelskamp Loses Kansas Primary

By David North, August 3, 2016

Rep. Tim Huelskamp (R-Kan.), an opponent of "comprehensive immigration reform," lost his primary yesterday to another Republican.

The congressman's loss presumably had less to do with his immigration stand than his vote against farm subsidies, in one of the nation's most agricultural congressional districts – it includes all of western Kansas. Read more...

The Klutz Factor in Migration Management

By David North, August 1, 2016

Five years ago I wrote about the klutz factor associated with some illegal aliens:

I feel sorry for the guy, and am pleased that the Border Patrol rescued him from the flooded Rio Grande, but the news story reminded me of the seldom-remarked-upon klutz factor in illegal immigration.

According to the account he was stranded in a tree while trying to cross the flooded river and had been there for five days. The BP spokesperson said that he was ‘severely dehydrated.'

One of the Offstage Problems of EB-5 — It Lets the Sharks Fleece the Naive

By David North, July 28, 2016

Sometimes a financial program can do substantial damage to individual victims without the program's operators doing anything wrong — and EB-5 is a good example.

The mere presence of the program — offering, as it does, green cards to aliens who invest in the United States — can wreak havoc without any direct complicity from politicians or government officials. That's one of the reasons Congress should not interfere with the scheduled sunset of the major part of the program on September 30. Read more...

Two Clarifications Emerge on Anti-Citizen Food Stamp Discrimination Issue

By David North, July 26, 2016

Two clarifications have emerged recently on the matter of discrimination in favor of certain mixed families, including aliens, in the food stamp eligibility rules. Read more...

A Suggestion: Handling Erdogan’s Request for Gulen’s Extradition

By David North, July 21, 2016

Turkey’s autocratic president, Recep Erdogan, wants us to extradite Fethullah Gulen, the Muslim cleric and cult leader now living in self-imposed exile in Pennsylvania, for allegedly stirring up the recent coup attempt.

Meanwhile, one of Erdogan’s emissaries, a little earlier, advocated the termination of the practice of bringing Turkish teachers to the United States, on H-1B visas, to replace U.S. teachers in the Gulen charter high schools. Read more...

A Crime in Progress? Immigration/Marriage Fraud and Chain Migration

By David North, July 20, 2016

Chain migration, unfortunately, is not only quite legal in the United States (but less so in other nations), it drives most of our immigration numbers.

Meanwhile, immigration/related marriage fraud (which is the subject of less enforcement here than elsewhere), is totally illegal but a lesser force in immigration numbers.

All too often these forces move together. Read more...

Buying Visas and Creating an EB-5 Victims’ Assistance Program

By David North, July 18, 2016

Two recent events have cast new light on old problems with the EB-5 program.

In one, a couple charged with swindling their EB-5 clients spoke the grim truth about the program – its investors are really buying visas, not seeking financial gain.

In the other, we saw the invention of a brand-new government program to protect victims – in this case those innocents suffering collateral damage from EB-5 fraud.

The locales were California and Vermont, respectively. Read more...

Overseas Distribution of Social Security Recipients Reflects Old Patterns

By David North, July 14, 2016

More than 613,000 Social Security recipients have retired overseas, usually after working for decades in the United States.

Their distribution is a reflection of former – not current – migration patterns as we see in this, another of our notes on emigration from the United States. (View an earlier posting about some U.S. students getting part of their education abroad). Read more...

New Legal Tool, Qui Tam, is used in Florida EB-5 Case

By David North, July 13, 2016

A new legal tool has been unveiled against a Florida EB-5 user by a once-fired employee of the lumber mill in question.

The former employee has filed a Qui Tam case in federal court seeking to recover losses suffered by the federal government. To the best of my knowledge this is the first use of this legal tool in the EB-5 business. Read more...

Rich EB-5 Investors Get Undue Attention From USCIS Ombudsman Office

By David North, July 12, 2016

Here’s a government agency with millions of clients, mostly low-income, mostly with limited to no English.

The agency rarely allows interviews between those seeking benefits and decision-makers. It routinely relies on forms, written in English, when making its decisions.

The agency (USCIS) has established a special office (that of the omsbudsman) to help the low-income, marginally literate portion of the migrant population it serves to wend its way through these obstacles, a perfectly appropriate move. Read more...

Court Rules that Another Vermont EB-5 Project was Corrupt

By David North, July 12, 2016

A Vermont state court has ruled that another failed EB-5 project in the state was corrupt, not just a financial disaster.

This is in addition to the big failure and multi-million dollar swindle in the Jay Peak ski lodge and at an associated medical laboratory that has caused so much controversy and press coverage, as we noted earlier. Read more...

Pow! Bam! Sock! Vermonters Again Collect Swiftly in Migration Fraud Case

By David North, July 11, 2016

Maybe it’s in the milk they drink, but yet again we have a case of Vermonters moving swiftly to collect cash for prior immigration violations.

We reported recently that the State of Vermont had sued Raymond James, the brokerage firm, for its part in the recently revealed EB-5 disaster, and had collected, in a matter of a few weeks, nearly $6 million of the $24 million or so that had been lost. Read more...

Would You Buy a North Korean Used Car from This EB-5 Promoter?

By David North, July 6, 2016

There are plenty of bizarre business notions in the EB-5 program, but this one wins the Oscar for creativity.

The idea: Let's use $630,000 of an EB-5 investor's money to buy and ship 100 used cars from North Korea to an about-to-be-formed southern California car dealership. (Given North Korea's poverty, perhaps used cars are cheap there.) Read more...

Legislature Does Right Thing on Alien Marriage Issue – WaPo Misses It

By David North, July 5, 2016

The Virginia Legislature took an important step toward reducing green card-producing, abusive marriages of young female citizens — and the Washington Post missed the migration point completely in a July 3 article about the legislation.

Encouraged by a tiny Virginia lobbying group, both parties in the GOP-controlled state legislature set the minimum age for marriage at 18 under most circumstances, and at 16 with a court order. Previously the minimum age was "13 or younger ... if she had parental consent and was pregnant", according to the Post. Read more...

Vermont Quickly Recovers $6 million in EB-5 losses; South Dakota Dawdles

By David North, July 5, 2016

Only weeks after the disclosure of some $25 million (or more) in EB-5 losses, the state of Vermont has already recovered a quarter of that figure. South Dakota, whose EB-5 losses probably exceed $100 million, incurred years ago, has barely started its tiny, seemingly reluctant efforts to recover a mere $1 million or so of its losses.

Both states are (or were) Department of Homeland Security-designated regional centers in the immigrant investor program, which provides a family-sized set of green cards to aliens placing half-million-dollar investments in DHS-approved, but not guaranteed, projects. Both states found that multi-millions of investor funds (and smaller amounts of state funds) had been swindled, wasted, or lost. And the states have the powers of both regional centers and of state governments to begin the process of recovering at least some of those funds. Read more...

Nepotism Reigns in Labor Department Appellate Body

By David North, July 4, 2016

Tired of waiting for those family preferences in the immigration system?

Is your brother willing to work in the kitchen of the family's restaurant business?

If the answers are both yes, just ask the Department of Labor to issue a decision leading to a green card for that relative, and his immigration problems are solved — and another resident of this country is denied a job. Read more...

Brexit Byproducts

By David North, June 30, 2016

Alongside the expected major geo-political and economic consequences of Brexit, which would have caused me to, painfully, cast a "remain" vote were I a British citizen, there are a number of interesting migration by-products.

The obvious one is that the UK government will now be able to limit migration from the European Union, just like almost all the other nations of the world. My colleagues and I at CIS have long warned about the negative consequences of making immigration policy by treaty and now the British public has decided to get out of the European treaties because, among other things, it denies the UK the right to control migration from other EU nations. Read more...