September 3, 2015
The Department of Homeland Security today added Yemen to the list of countries that have Temporary Protected Status for their citizens – legal or illegal – in the United States, bringing that list to a baker's dozen.
The ruling is effective as of midnight tonight, so that Yemenis in Canada and Mexico (if there are any) can rush to the border to participate. As usual, there is no need to be in legal status in the United States to benefit from this program. Read more...
September 3, 2015
There's a quiet — but highly significant — struggle on Capitol Hill these days regarding the extension of the EB-5 program for immigrant investors.
On one side are representatives of the EB-5 middlemen and their big-city allies who would rather leave the current rules in place; on the other are those who want to make sure that the program will not be used to secure green cards for agents of foreign countries, and will be used to encourage investment in rural and depressed urban areas. Read more...
August 27, 2015
There are now three states that play, or have played, a role in the federal EB-5 immigrant investor program, and every single one of them has been mired in controversy. (Most EB-5 regional centers are not affiliated with state governments.)
Late last month, Vermont joined the troubled list, along with the deeply flawed program in South Dakota and the one in Michigan, which had lesser problems. Read more...
August 25, 2015
You might call it the Dalai Lama's Revenge; it certainly is yet another one of those EB-5 scandals that pop up every few weeks.
This time the main ingredients are Lobsang Dargey, 41, who calls himself a former Tibetan monk turned real estate tycoon; 252 Chinese nationals who have invested in his EB-5 scams in the state of Washington; and real estate projects bearing the name of Potala — the palace that the Dalai Lama used to live in before being evicted by the Chinese government. Read more...
August 25, 2015
In the great leap forward to an all-electronic application and decision system, USCIS has just announced that five key applications, currently available for e-filing, must be filed on a paper form starting September 20.
I am not a high-tech person, but this sounds like a retreat to me. Their explanation is: Read more...
August 24, 2015
There's a would-be restaurateur out there who has dreamed up an immigration double play that would cause the senior partners at the Tinker, Evers, and Chance law firm to be green with envy.
I won't use his location, but he has placed the following ad on Craigslist:
Seeking an EB-5 Foreign Investor/Partner
Looking to open a large restaurant concept. ... Need a foreign investor with $5M in funds and ability to bring in labor with him for visas.
August 21, 2015
The classic example of chutzpah is that of the killer of his parents throwing himself on the mercy of the court because he's an orphan.
I don't know if that ever actually happened, but an almost comparable case can be found in recent federal court records.
In this case it is an illegal alien whose marriage (or maybe "marriage") to a citizen was ruled by USCIS to be fraudulent later claiming that he should be given legal status because he had been abused by his wife. Read more...
August 20, 2015
The governments of the United States, Iran, and five other nations — amidst much public attention — have reached an agreement on atomic energy and sanctions.
Earlier this week, and very quietly, the Department of Justice and one of its immigration judges, an Iranian-American, have settled their differences out of court. For the PACER file on the case, see here. Read more...
August 19, 2015
Suppose you are a farmer in Belzoni, Miss., and you need eight farm workers.
If you look it up you will find that Mississippi is tied for 46th (with South Carolina) in the list of states' unemployment rates, with only Alaska, Nevada, and West Virginia having more joblessness. If you go a bit further, to county-by-county data, you will find that your county, Humphreys, ranks 79th out of 82 counties in your state, with an unemployment rate of 14.5 percent.
Since Belzoni is in the highly agricultural Delta area, and farm workers always have higher rates of unemployment than workers generally, you might think that it would be relatively easy to hire your eight workers locally. Read more...
August 17, 2015
Don't get me wrong, as a liberal Democrat I think Donald Trump would be a disaster as president.
On the other hand, I must say that I was impressed by the level of detail in his recently released immigration policy paper.
As Mark Krikorian has written, Trump's position "clearly has advanced the immigration debate." Read more...
August 14, 2015
These are tough decisions to make and we, as a nation, have got them wrong.
I am talking about the unconscious series of decisions that we have been making about the political situation in Central America, notably in Honduras, El Salvador, and Guatemala. Read more...
August 13, 2015
Wednesday's GAO report on the EB-5 program, "Immigrant Investor Program: Additional Actions Needed to Better Assess Fraud Risks and Economic Benefits", contained some useful elements — such as the finding that USCIS is not trying hard enough to identify fraud and threats to national security — but there were major gaps in what it should have, and could have, covered. Read more...
August 13, 2015
According to the latest statistics from USCIS, the denial rate in the Deferred Action for Childhood Arrivals (DACA) program has risen.
Compared to the early months of the program, when disapproved cases were shown as zero, now about one out of six decided cases results in a denial.
Here are the numbers for approved cases, denials, the totals for both categories combined, and the percentage of denials to the total. Data are for initial fillings, excluding renewals. Read more...
August 12, 2015
I see a lot of writing on immigration subjects every day, and while much of it is repetitive or grossly misleading (e.g., "there is a shortage of skilled workers in the United States so we need more foreign workers"), there is the occasional gem. Here are three examples. Read more...
August 11, 2015
Drip, drip, drip, drip.
They keep emerging: additional indications that the EB-5 (immigrant investor) program is a honey-pot attracting fraud of various kinds, as I reported recently.
While many of these immigrant investor cases relate to citizen and alien middlemen conning rich aliens, this item, which is both investor-centric and one I have not discussed before, is different because it involves the son and daughter-in-law of a corrupt Korean politician and their use (or attempted use) of daddy's funds in the EB-5 program. Read more...
August 9, 2015
In some cases of immigration/marriage fraud it is often a mass-production activity, with a ringleader lining up willing aliens with willing (and paid) citizens to go through phony marriages so that the aliens can secure legal status in the United States, as I reported earlier.
In other instances, it is a single alien who enters into a corrupt deal with an individual citizen, with the alien paying the citizen for the marriage so that the alien can obtain a green card. Read more...
August 6, 2015
In order to keep track of one of the patterns in the immigration field a couple of years ago, I bought 100 shares of Cognizant Technology Solutions Corporation (CTSH). It is a U.S.-based outsourcing firm, best known for hiring large numbers of H-1Bs and then re-selling their services to other companies — at a nice mark-up — to do computer-related work.
My notion was that I might learn something about the H-1B program by simply looking at the CTSH stock price from time to time, and by reading its annual reports. It would be both effortless and, seemingly, perfectly innocent. Read more...
August 5, 2015
DHS is not very forthcoming with immigration statistics and other basic data. For instance, USCIS even redacts the names of lawyers working on appeals cases, as I reported recently. This general lack of transparency, unfortunately, is contagious, and it extends to how other law enforcement agencies report (or don't report) on aliens and arrests. Read more...
August 4, 2015
In late 2013, we described a proposal to turn a bit of pristine Upstate New York wilderness into a massive, apparently mono-ethnic China City theme park to be funded largely by EB-5 immigrant investors. At the time, we quoted from its then gaudy website (much gold and red and traditional Chinese music) to show the multiple internal contradictions in the proposal and the adverse impacts it would have on the environment. Read more...
August 3, 2015
An obscure Justice Department entity, the Office of the Chief Administrative Hearing Officer (OCAHO), has just made the citizen/alien/jobs situation a bit more complicated. It has ruled that a former illegal alien who has secured Deferred Action for Childhood Arrivals (DACA) status may be discriminated against in the job market because of that status (see details after the chart). This adds yet another layer to the citizenship-alienage-employment hierarchy, as this chart shows: Read more...
August 2, 2015
As we all know, USCIS has a low rate of denials in most of its benefit programs.
Sometimes I wonder how much of the fraud it does detect reflects not so much the vigilance of the agency as it does the obvious incompetence of the fraudster.
Routinely the public never sees the denied applications; the only time we get to peek at parts of them is when the alien in question appeals a benefit denial to the Administrative Appeals Office (AAO), the quasi-judicial review body within USCIS. Read more...
July 31, 2015
In a courtroom full of illegal alien teenagers, he was the only one with red hair.
Further, he was the tallest, the thinnest, had the best English by far, and was the only one appearing without a family member or lawyer. He was also the only non-Central American appearing a couple of days ago before one of the immigration judges in the Arlington (Va.) court.
From a policy point of view he had another distinction: he was the only one willing to leave the country voluntarily (at his own expense) and the judge quickly granted him Voluntary Departure, a legal status meaning that there will be no deportation report on his U.S. immigration record. The judge said something to the effect "It's nice to have someone willing to leave on his own." Read more...
July 27, 2015
Although I am not a religious person, I have long felt that the clergy, and other religious workers, were unlikely to break the law.
I still think that way, even though the administration has managed to put the spotlight on a small group of law-breaking clergy in its efforts to expand amnesty as far as it can. As you can imagine, these illegal aliens will be granted green cards, despite their records. Read more...
July 23, 2015
Former President George W. Bush (43) apparently received $200,000 for speaking at a 2012 event in California that was sponsored by a promoter named Bingqing Yang, who has subsequently been charged with fraud in the immigrant investor (EB-5) program.
This can be discerned, indirectly, by (1) reading page 11 of a complaint filed by the Securities and Exchange Commission citing Ms. Yang's involvement with the September 2012 "U.S. China Energy Summit", which mentions a "$200,000 speaking fee for a former President of the United States"; and (2) by looking at a photographs of the event, among them one showing Ms. Yang with a smiling George W. Bush. Read more...
July 23, 2015
The figure below shows the pattern of filings over the last 24 months for the EB-5 (immigrant investor) program run by USCIS. Most of the investors are from China.
The top line shows the number of initial filings (Form I-526) per quarter; this is for the temporary resident card that comes with a $500,000 investment in an USCIS-designated (but not guaranteed) project. The lower line indicates the number of follow-on filings (Form I-829), in which the alien investor seeks to convert the temporary (two-year) permit into a permanent green card. Read more...
July 22, 2015
One of the best tools used to uncover fraud in the H-1B and L-1 nonimmigrant worker programs has just been hurt by yet another effort by the administration to undercut the enforcement of immigrant law.
This tool is an unannounced visit by a DHS official who will (a) make sure that the entity exists as stated on an application, and (b) look at documentation such as pay slips. Read more...
July 21, 2015
Here's a helpful memorandum to those thinking about hiring illegal aliens:
- If you are going to hire illegal aliens, see to it that they do not murder each other.
- If the feds catch you with a bunch of illegals on your payroll, don't re-hire them under other names.
A big mushroom farm did not follow those simple rules and now has to forfeit more than $1 million in ill-gotten gains. Read more...
July 17, 2015
This is a little awkward for me to write. As one who has spent a lot of time looking at immigration policies in other democracies, as well as the United States, I had long believed that ours was the only nation on Earth crazy enough to have an immigration lottery.
The so-called Diversity Visas are dealt out to aliens winning our lottery at the rate of 50,000 a year. None of the newcomers needs a skill or a tie to the United States -- they simply have to come from a nation that does not send us lots of immigrants, have a high school diploma or the equivalent, and be lucky. It is a policy that is hard to defend.
I have now discovered, through the most obscure of sources, that sensible little New Zealand has a similar policy. This chagrins me because I was not aware of it, despite my having spent a year (decades before the policy was developed) as a Fulbright Scholar in Wellington, the capital of that nation. Read more...
July 16, 2015
There is little perfection in most people's lives — there may be a few weeds in the lawn, noisy neighbors, a damp basement, a child or grandchild who is not doing very well in school, or some combination of these or other blemishes.
But there is one perfect segment of the controversial EB-5 (immigrant investor) program that is so beloved by the Obama administration. This is the program that essentially sells a family-sized set of immigration visas to aliens who put $500,000 into a DHS-approved, if not guaranteed, project, usually in real estate.
During the months of October-December 2014, USCIS received 810 EB-5-related green card applications and denied none of them — zero, zip, nada. That's a score of 810 to 0. Read more...
July 14, 2015
Using a remarkably (if perhaps unconsciously) biased survey sample, a recent study has shown that the DACA program does good things for the economics of its beneficiaries and, indirectly, for those of state governments.
The newspapers, of course, picked up the cheerful news and ignored the bias — which is, I must admit, a bit harder to understand. (DACA is the Obama administration's by-fiat temporary legalization program for relatively young illegal aliens who came to the United States before their 16th birthdays.) Read more...