Continued from page 100
In summary, when an employer makes a bona fide job offer
to a Vietnamese national for a position fitting into the EB-3
category, it is not unlawful to accept this offer and to allow the
prospective employer cover all costs and fees of, at a minimum,
the first step of the process if they are intending to fill this
position permanently. But be wary of marketing materials or
claims that the EB-3 program was recently adopted by the U.S.
government, and requires extensive payments from the investor
to fund steps of the immigration process. If a potential job’s
legitimacy is in question, consult a U.S. immigration attorney.
Failure to determine if a program is valid can have serious
immigration repercussions for foreigners seeking permanent
residence or temporary visa status in the United States.
A Cautionary Note and Good Practices when
Considering EB-3
Make sure to follow U.S. law as written and intended, and do
not try to circumvent the law or take short cuts. Once pervasive
abuse of the EB-3 becomes known to the U.S. government
agencies, each agency will take whatever steps in its power to stop
the perceived or actual abuse.
The U.S. Congress is often slow to act, but if abuse of the law
is brought to its attention, then new laws will be proposed that
will make it difficult to continue the practice. This could include
higher administrative and criminal sanctions. Remember, if a job
or avenue of immigration looks to good to be true, it usually is!
★
INA Section 212(a)(6)(C)(i)
2
20 CFR 656.12
3
INA Section 203(b)(3)
1
What Can Happen if a Case is Denied
A fraudulent application can have dire consequences, including
audits and investigations by U.S. government agencies such as
the Federal Bureau of Investigation. It can cause administrative
sanctions including fines and restrictions or bans on filing future
immigration petitions or cases. Criminal prosecution including
fines and jail time could be filed, and the prospective immigrant
could face a lifetime ban on entering the U.S. on both nonimmigrant or immigrant visas.
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EB5 INVESTORS MAGAZINE
David Hirson is the founder of David Hirson &
Partners LLP. He has been involved with EB-5
cases since the program’s inception, placing him among the most experienced active
EB-5 immigration attorneys in the nation.
Hirson undertakes all aspects of EB-5 work
including regional center designations; advising and structuring EB-5-compliant projects; and filing individual investor cases. He
regularly travels abroad and
has developed relationships
with top providers who
source investors for EB-5
projects in each country.