By: Jalpa Shah
New Immigration Bill Introduced by Congressman Darrell Issa
On January 3, 2017, H.R.170 - Protect and Grow American Jobs Act (hereinafter, the “Act”) was re-introduced and was referred to the Committee on the Judiciary.
The purpose of the Act, as stated by the Congressman, seems to be to close a loophole in the H-1B visa program. Specifically, the Act focuses on increasing the wages to ensure protection of the workforce in the United States.
The highlights of the proposed Act are:
As the proposed Act has been referred to a Committee already, we will have to wait to see and see what the Committee decides.
DHS Proposed Rule on Changes to the EB-5 Regional Center Program
On January 11, 2017, the proposed changes to the EB-5 Regional Center Program were published in the Federal Register. Any written comments must be received by or before 90 days from the publication date.
In this proposed rule, DHS attempts to make the following changes in the initial general application process:
DHS is also considering requiring filing of an exemplar project request (for both individual EB-5 immigrant petition and regional center) before any investor may submit his or her EB-5 petition. DHS may also consider to create a validity period for each exemplar’s approval.
In addition, DHS seeks comments regarding modifications that would result in a “material change” in the already approved exemplar. DHS understands that modifications to the current policy may be required and hopes to receive comments that would assist DHS in determining how to revise their approach to address material change.
Lastly, in the proposed rule, DHS goes on to ask specific questions in hope that the public will respond directly to these questions.
EB-5 Immigrant Investor Program Modernization; Proposed Rule
On January 13, 2017, the proposed rule was published in the Federal Register. DHS proposes to amend certain regulations governing the EB-5 investor visas.
In addition to general comments, DHS is also seeking comments on the following major proposed changes:
In addition to the above major provisions, DHS has also proposed changes regarding the costs and benefits of the program. Although DHS states that costs and benefits are difficult to establish, they have provided the below chart to create a qualitative impact:
Table 1—Summary of Changes and Impact of the Proposed Provisions
Current policy | Proposed change | Impact |
Current DHS regulations do not permit investors to use the priority date of an approved EB-5 immigrant petition for a subsequently filed EB-5 immigrant petition | DHS proposes to allow an EB-5 immigrant petitioner to use the priority date of an approved EB-5 immigrant petition for a subsequently filed EB-5 immigrant petition for which the petitioner qualifies | Benefits:
Costs
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The standard minimum investment amount has been $1 million since 1990 and has not kept pace with inflation. Further, the statute authorizes a reduction in the minimum investment amount when such investment is made in a TEA by up to 50 percent of the standard minimum investment amount. Since 1991, DHS regulations have set the TEA investment threshold at 50 percent of the minimum investment amount. Similarly, DHS has not proposed to increase the minimum investment amount for investments made in a high employment area beyond the standard amount. | DHS proposes to account for inflation in the investment amount since the inception of the program. DHS proposes to raise the minimum investment amount to $1.8 million. DHS also proposes to include a mechanism to automatically adjust the minimum investment amount based on the unadjusted CPI-U every 5 years DHS proposed to decrease the reduction for TEA investment thresholds, and set the TEA minimum investment at 75 percent of the standard amount. Assuming the standard investment amount is $1.8 million, investment in a TEA would initially increase to $1.35 million. DHS is not proposing to change the equivalency between the standard minimum investment amount and those made in high employment areas. As such, DHS proposes that the minimum investment amounts in high employment areas would be $1.8 million, and follow the same mechanism for future inflationary adjustments. | Benefits:
Costs:
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A TEA is defined by statute as a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate). Currently, investors demonstrate that their investments are in a high unemployment area in two ways: (1) Providing evidence that Metropolitan Statistical Area (MSA), the specific county within the MSA, or the county in which a city or town with a population of 20,000 or more is located, in which the new commercial enterprise is principally doing business, has experienced an average unemployment rate of the national average rate or (2) Submitting a letter from an authorized body of the government of the state in which the commercial enterprise is located, which certifies that the geographic or political subdivision of the metropolitan statistical area or of the city or town with a population of 20,000 or more in which the enterprise is principally doing business has been designated a high unemployment area. | DHS proposes to eliminate state designation of high unemployment areas. DHS also proposes to amend the manner in which investors can demonstrate that their investments are in a high unemployment area (1) In addition to MSAs, specific counties within MSAs, and counties in which a city or town with a population of 20,000 or more is located, DHS proposes to add cities and towns with a population of 20,000 or more to the types of areas that can be designated as a high unemployment area. (2) DHS is proposing that a TEA may consist of a census tract or contiguous census tracts in which the new commercial enterprise is principally doing business if the weighted average of the unemployment rate for the tract or tracts is at least 150 percent of the national average. (3) DHS is also proposing that a TEA may consist of an area comprised of the census tract(s) in which the new commercial enterprises is principally doing business, including any and all adjacent tracts, if the weighted average of the unemployment rate for all included tracts is at least 150 percent of the national average. | Benefits:
Costs:
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Current technical issues:
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DHS is proposing the following technical changes:
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Conditions of Filing:
Benefits:
Costs:
Conditions of Interview: Benefits:
Costs:
Investors obtaining a permanent resident card: Benefits:
Costs:
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Current miscellaneous items:
Miscellaneous Cost:
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DHS is proposing the following miscellaneous changes:
Applicants would need to read and review the rule to become familiar with the proposed provisions. |
These provisions are technical changes and will have no impact on investors or the government. Therefore, the benefits and costs for these changes were not estimated. |
Please refer to the published document, FR Doc No: 2017-00447, for further details. |
Written comments for this published document must be received on or before April 11, 2017.
DHS Publishes Final International Entrepreneur Rule
On January 17, DHS published the final International Entrepreneur Rule. Under this rule, DHS will have the authority to grant temporary parole to foreign entrepreneurs who will qualify under this criteria on a case-by-case basis.
The criteria, in general terms, is as follows:
Where an applicant meets the above criteria, the applicant may be considered for parole lasting up to 30 months (2.5 years). In addition to filing the application with the necessary documents and fees, the applicant will be required to appear for biometric information.
No more than 3 entrepreneurs may be granted parole for one qualifying entity. DHS predicts 2,940 entrepreneurs will be eligible under this rule. As published, the rule is set to be effective on July 17, 2017.
Beginning Jan. 22, 2017, employers must use the 11/14/2016 N version of Form I-9, Employment Eligibility Verification, to verify the identity and work eligibility of every new employee or for the reverification of expiring employment authorization of current employees (if applicable). This date is found on the lower left hand corner of the form. Prior versions of the form will no longer be valid for use. Employers who fail to use Form I-9 11/14/2016 N on or after Jan. 22, 2017 may be subject to all applicable penalties under section 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).
Employers should continue to follow existing storage and retention rules for each previously completed Form I-9. Find more information on I-9 Central found at www.uscis.gov/i-9Central.
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