Skip to main content

5 Goals of Legislators Who Are Pushing for EB-5 Visa Reform

The EB-5 visa program was designed to stimulate the U.S. economy and to encourage job creation in rural and low-employment areas. Although the program has been effective, a recent report from Breitbart News identifies several cases of fraud related to the EB-5 program.


Reform has been elusive despite bipartisan efforts to reduce fraud. According to the news site VTDigger, Senators Patrick Leahy and Chuck Grassley recently testified before the House of Representatives regarding the various issues with the EB-5 program. Leahy, who had once championed the program, pointed out several potential improvements that could reduce fraud and abuse:

1.     Prevent the formation of Targeted Employment Areas through gerrymandering;
2.     Increase the minimum investment requirements;
3.     Adequately vet the funds invested through the EB-5 program;
4.     Ensure jobs created by the EB-5 program are verifiable; and
5.     Enhance federal oversight regarding the establishment of regional centers.

The EB-5 program has been reauthorized until at least September 30, which marks the end of the 2017 fiscal year. Whether the program will be reformed before that date or authorized to continue afterward is uncertain, but entrepreneurs who are interested in obtaining EB-5 visas would be wise to start the process sooner rather than later.

If you have questions about the EB-5 visa program, contact Kuck Immigration Partners. Attorney Charles Kuck will help you navigate the murky waters of U.S. immigration laws. Call 404-816-8611 to schedule a consultation with an employment visa lawyer in Atlanta.

Specific Reforms Proposed by Senator Patrick Leahy

Sen. Leahy has become a figurehead for EB-5 visa reform, but his efforts have yet to make the impact he has been vehemently pursuing. He tried to include reform language in the Senate’s immigration legislation in 2013, but it was not approved. In 2015, he and Sen. Grassley introduced The American Job Creation and Investment Promotion Reform Act, but it was stifled in the Senate Judiciary Committee.

The Act would have given the Department of Homeland Security the authority to terminate projects based on concerns related to fraud or public safety. Leahy plans to reintroduce the bill this year.

Leahy has also proposed an EB-5 Integrity Fund to pay for site visits and federal audits to detect fraud. His legislation would require regional centers to pay an annual fee to support the fund. The senator has also proposed mandatory background checks for regional center administrators and project developers.

Leahy has pointed out that only a small portion EB-5 investments—about 3 percent—goes to rural areas, which contradicts one of the primary reasons for the program’s creation. To address the problem, the senator proposes a new formula for establishing Targeted Employment Areas.

If you are interested in petitioning for an EB-5 visa, turn to Kuck Immigration Partners for legal guidance. Call 404-816-8611 to schedule a consultation with an immigration attorney in Atlanta.


Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …

The DOJ Raised The Penalty Fee for Immigration Law Violations--Including Employer Sanctions

The Department of Justice announced an increase in fines for violations of the Immigration and Nationality Act, as the pertain to those sections that account for fraud, document abuse, and unfair immigration-related employment practices. While this is only an adjustment for inflation, it brings home the point that that poorly or incorrectly completing immigration forms, like the Form I-9, can lead to very costly fines from ICE and the Immigration Court. If you have any questions or concerns about I-9s in your company, please call the attorneys and Kuck Immigration Partners.  We have decades of experience representing employers in the ICE and DOL immigration investigations.  You can reach us at 404-816-8611 or at ckuck@Immigration.net.  




U.S.C. citation

Name/description

CFR citation DOJ penalty assessed after 8/1/2016 ($) 1 DOJ penalty assessed after 2/3/2017 ($) 2 8 U.S.C.     IRCA; Unfair immigration-related employment practices, document abuse (per individual discriminated against).     …