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EB-5 Investor Visa Update

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According to this article on Jackson Lewis P.C., by Zain Abidi

“While the news on the EB-5 investor visa appear promising, Congress has still failed to reauthorize the EB-5 regional center program beyond its June 30, 2021, sunset date.

Reduced Minimum Investment Amount

A federal district judge has struck down the 2019 EB-5 “modernization” regulation, finding the rule was invalid because it was enacted by DHS officials who were appointed to their posts in violation of the 1998 Federal Vacancies Reform Act (FVRA). Behring Co., the operator of Behring Regional Centers, brought suit against USCIS in 2019 in response to the modernization rule. Ultimately, Behring succeeded in showing the acting DHS secretaries succeeding Kirstjen Nielsen (including Kevin McAleenan) were not properly designated in the order of succession in accordance with the FVRA, and therefore they did not hold the authority to promulgate and ratify the 2019 modernization rule. At this moment, the minimum investment amount in a Targeted Employment Area is $500,000.”

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Lawyers say China using Interpol to seek dissident’s return

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According to this article on Associated Press, by NOMAAN MERCHANT

“WASHINGTON (AP) — Attorneys are asking the Biden administration to release from immigration custody a Chinese democracy advocate who could be deported to his homeland to face what they say are false charges — despite the lack of an extradition treaty between the United States and China.

Human rights advocates say this is one of a handful of cases in which China has used the Interpol “red notice” system to try to force the return of fugitives from the United States. Under this system, a member country of the international police consortium can ask other countries to arrest and return fugitives living abroad. It’s not clear how often, if ever, this tactic has resulted in the U.S. turning over detainees to Chinese authorities.”

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Biden administration tries to tackle large backlog in asylum cases

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According to this article on Fox 43, by Claire Bermudez

“The Biden administration is reportedly moving forward with a plan to shift where asylum cases are handled, in an effort to tackle a sizeable backlog in applications.

The plan, as NPR reports, would try to speed up processing by allowing officials at the Department of Homeland Security to rule on claims without sending them to immigration court, where it would be ultimately up to immigration judges.”

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32 Children Who Were Deported To Guatemala Last Year In Violation Of A Court Order Have Yet To Be Brought Back

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According to this article on BuzzFeed News, by Hamed Aleaziz

“Thirty-two unaccompanied immigrant children who were deported to Guatemala despite a judge’s order have yet to be brought back to the US to apply for asylum, six months after the government admitted it was in the wrong. Now, immigration advocates are ramping up pressure on the Biden administration to speed up the process.

“It has been months since these children were expelled in violation of a court order and we need answers immediately,” said Lee Gelernt, an attorney with the ACLU who led the lawsuit challenging the Trump-era policy. “The children need to be given a chance to speak to us as counsel and the option to return to the US if they choose.””

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