Investing in the American Dream Podcast

Ep.5_Expedited Approvals from USCIS with Jinhee Wilde and Jennifer Sherer

August 05, 2020 Investing in the American Dream Season 1 Episode 5
Investing in the American Dream Podcast
Ep.5_Expedited Approvals from USCIS with Jinhee Wilde and Jennifer Sherer
Show Notes Transcript

On today’s podcast, we welcome Jinhee Wilde the Founding Partner of WA Law Group, LLC. Jinhee lectures internationally on academic panels and at large industry conferences and on the topic of EB-5 so we are extraordinarily lucky to have her on the program today. 

As a practicing attorney for over 3 decades Jinhee has an unrivaled track record with clients large and small- from huge multi-million dollar, multi-national transactions all the way down to individual investors. As an immigrant herself, one of her specialties is in assisting EB-5 investors in immigrating to the United States and securing citizenship. She is highly awarded… consistently listed on the top 25 EB-5 lawyers in the U.S. by EB5 Investors Magazine. 

With 100% approval on EB-5 cases, she is known in the EB-5 circle as a fierce advocate and adviser to her clients, known best for her quick action and innovative solutions - Which is the topic of our podcast today.  Jinhee is going to let us in on some of her top-secret tricks of the trade. She has developed some truly innovative systems to get her clients expedited approvals from USCIS and our clients are seeing the fruits of her methods.  

Unknown Speaker :

On today's podcast, we welcome Jim he wild the founding partner of WA Law Group LLC. Jen he lectures internationally on academic panels and at large industry conferences and on the topic of Eb five, so we're extremely lucky to have her on the program today. As a practicing attorney for over three decades, Jin Hee has unrivaled track record, with clients large and small from huge multi million dollar multinational transactions all the way down to individual investors. As an immigrant herself one of her specialties is on assisting Eb five investors and immigrating to the United States and securing citizenship. She is highly awarded consistently listed on the top 25 Eb five lawyers in the US by Eb five investors magazine with 100% approval on Eb five cases. She is known in the EB five circle as a fierce advocate and advisor to her clients known bath for her quick action and innovative solutions, which is actually the top Pick up her podcast today. Jim he is going to let us in on some of her top secret tricks of the trade. She has developed some truly innovative systems to get her clients expedited approvals from us cis and our clients are seeing the fruits of her methods. Today Jen he joins us with Jen share from first half a partner.

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Well, if you have been following Eb five you know that the US cis processing times are at an all time high, but if you can qualify for an expedite, can you really move straight to the front of the line? On today's podcast we are going to explore the idea of Eb five expedites what is the current wait time for an i five to six approval. What's an expedite and can you qualify? Today world renowned Eb 500 Jenny Wilde is going to share her tips and strategies for success to get you that green card. So all right, Jen, he lay it on us. What was an expedite request?

Unknown Speaker :

expedite request is an A Jude occation expediting the adjudication of an application or a petition for an immigration benefit. It could be for any application or petition that's pending at USC is technically,

Unknown Speaker :

not to be fives we can get it's not just

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for Eb five. Now, it's not just for Eb five.

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But with the EB five with people that have invested $500,000 to invest into our economy.

Unknown Speaker :

I think, you know, more or better

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argument could be made That expedite should be made on those cases because it is really benefiting our economy.

Unknown Speaker :

But that is not the case either.

Unknown Speaker :

You're right. You know, I've had many clients that have come to me before in the past and they've said yes, we want the expedites how do we get the expedites? You know, we're making a big investment here in the US we should get the expedites but no just investing in an EB five project alone does not get you the expedite. So, who can qualify them for an expert?

Unknown Speaker :

Well, um, USA is lays out the qualification they first they say they consider to expedite request on a case by case basis. So it is literally shoot from the hip. Fairly subjective. I'm grant of expedited, expedited request and it requires a lot of documentation to support that request to convince them on a case by case basis, why you should be getting an expedite and they say it is the sole discretion of theirs to decide whether or not to grant or deny a request. So, again, it is not something that is easily obtained. And it is also even though they have a, you know, criteria and they tell you what their what the criterias are, that they will look at to expedite but the way they say is a case by case basis is they have a sole discretion. Just Gives them room for fairly subjective, um,

Unknown Speaker :

I guess decision making.

Unknown Speaker :

So it says can we get an expedite?

Unknown Speaker :

Okay? They say, if you meet one or more of the following criteria, they will consider it. One is a severe financial loss to a company or a person provided that the need for urgent action is not the result of the petitioners failure.

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One file that benefit request

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within the reasonable time and respond to any request for additional evidence.

Unknown Speaker :

I hope we don't have a severe financial loss and our Eb five investment. Yeah,

Unknown Speaker :

exactly. Yeah. But you know, the thing is, is that with that financial last, they say severe financial loss to a person relates to an employment authorization student's status stand. That kind of thing without evidence of other compelling factors does not warrant expedited treatment.

Unknown Speaker :

So I am not sure

Unknown Speaker :

we haven't done this as a financial loss argument for an expedite.

Unknown Speaker :

But I am,

Unknown Speaker :

I am kinda monitor are in a position of serious financial loss.

Unknown Speaker :

Yeah, yeah. Um, so i think i think that the, you know, claiming to to have a loss, just the loss I'm gonna be in financial loss just doesn't seem to be enough for them, at least the way they say it.

Unknown Speaker :

Okay.

Unknown Speaker :

Recently, as you know, we have been successful under the second criteria, urgent human humanitarian reasons. And the third one being the compelling US government's interest. And we did this with the covid 19 pandemic, with the frontline doctors. And my argument is not that they have a humanitarian reason doctors, but it is a humanitarian reason for the patience of the doctors. They they need their services and and then number two is the US government interest you you need this front line Doctors to help the patients and combat. Yeah, pandemic. So we have been successful using those two criteria. The final criteria is clear us cis error. And that is I have been successful with that under the Obama administration. But I have not been successful with that under the Trump administration, because under this administration, it seems like government's error is not they don't admit it. So. So those are the four criteria, financial loss, urgent humanitarian reasons, compelling US government interest and clear USC is error.

Unknown Speaker :

So it's interesting that with COVID-19, it's actually pretty made it an opportunity for immigrants who can help to get visas, you know, well, not to visas but to get their adjudication faster. You know, I think it's a really compelling reason. I mean, these brave men and women are risking their lives for us on the front lines in our hospitals. So I say yes, let's move on to the front of the immigration lines. Right. But

Unknown Speaker :

the while we have been successful in moving the five to six adjudication under this expedite request, we have not been successful with a 485 adjudication, it seems like they will consider expediting, if it is close to or slightly beyond their at least their minimum adjudication. So a doctor who has gotten a four I five to six approved on an expedited basis. file the 485 and They, they refuse to expedite his 485 adjudication, saying this is within the normal processing time. So that they're five 485 adjudication these days is about eight months. So we will try again. But, you know, it's, again, this decision being very subjective and a case case by case basis. I think it probably depends on which officer

Unknown Speaker :

gets hold of this record I request.

Unknown Speaker :

And, you know, there's really no, you know, rhyme or reason of one case getting expedited, and then another case not getting expedited. As a PR practitioner, all we can do is come up with the logical Reason with supporting evidence to show our request is justified. But when all said and done, it is really up to them.

Unknown Speaker :

Oh, absolutely. But once they've gotten their I five to six approved and they're already in the United States once they file for Adjustment of Status, are they then able to stay here in the United States?

Unknown Speaker :

Absolutely. Absolutely. You You are. I normally do not recommend people using their employment authorization given under a Adjustment of Status. And I would rather prefer them staying with that h1 B, for example that they have until they get a you know, Adjustment of Status approved but Given that some of this you know the their spouses h4 is going away and all these uncertainties dealing with h visas these days under this administration you can you know you have a eo s pending status. And because your immigrant visa immigrant petition five to six has been approved already. The likelihood of 485 getting denied unless you have some inadmissibility issues that you didn't disclose to your lawyer should be minimized.

Unknown Speaker :

No, absolutely. And the great thing about this too, as well is, you know, this is really a way that we can help our foreign healthcare workers with a program that already exists. You know, there's no congressional action that's required here. This already exists and this is already an avenue to be able to help all of those foreign healthcare workers were on the front lines for us here with COVID-19 assisting us in our hospitals, and it's a great way to keep them here too, as well with something that Yeah, again, no congressional action is required. So, I would say then for, you know, all of those doctors who are out there who are considering, you know, making that $900,000 investment under the EB five program and filing their I five to six now, especially now that other visa categories are less available under some of Trumps most recent immigration limitations. You know, this is a great way to get those people to the front of the line.

Unknown Speaker :

Yeah, it is. It is.

Unknown Speaker :

So, why is the expedite so important? So under an expedite, you know, how quickly can an investor number one, get the expedite? And then number two, you know how quickly Coming to expect to see processing after they get granted that expedite.

Unknown Speaker :

Well, I mean, what I have seen is the expedite request working more like a premium processing and I 140 category, for example, you make an expedite request by calling the USC is customer service, and you lay out your case. And

Unknown Speaker :

then oral argument.

Unknown Speaker :

Yeah, basically, and then they issue a case number for that. And then they get around to sending you an email about a week or two weeks later, asking for documentation. And you're, you're literally given only about two weeks to respond.

Unknown Speaker :

And so you upload all the doctrine So that you are

Unknown Speaker :

you're, you're basing your request on and you obviously before you make the expedited request, expedite request I, you know, you have all of that document pretty much ready to go right.

Unknown Speaker :

But you can actually run this through you already know exactly what they're looking for. Right.

Unknown Speaker :

So we we have no I mean basically when you're saying you have a compelling reasons, for certain doctors doing this, you you have to show it's not just counsels argument or even a petitioners you know, letter saying, you know, I'm, I am doing this kind of work. You need a corroborating evidence as well, to show that you are actually doing doing US government or Public Service. So you've you laid that out you you think about what your argument will be, you lay out the evidence, and you get that prepared before you make that phone call. And then, and then you respond when the email comes to you. The email from USC is saying provide this evidence comes to the the investor, a cc to us obviously, but it comes to the investor and they seem to like to hear directly from the petitioner. So we have been providing all the documentation that we have prepared giving it back to the client saying, you know, respond in this manner and walk them through it.

Unknown Speaker :

So that's that's what has been happening.

Unknown Speaker :

And we have been fortunately successful at it.

Unknown Speaker :

But again, it's a case by case basis.

Unknown Speaker :

Yeah. And you know, we've recently had some success on this together. You and I, were you were the attorney and we were the fund manager, had a few clients that were awarded these types of expedites. And on a pretty quick timeline. You know, I was really surprised, you know, when you told me that you were putting in the expedite request, you know, a few weeks later, we heard back that the expedite request was granted. And then, you know, two weeks after that they were approved. I was I was really pleasantly surprised by how fantastic this process went forward, and really to such deserving clients too, as well. You know, I had a conversation with them last week and they were just absolutely through the moon. Granted this expedite and that they were going to be moving forward In their process, so hello and welcome deserve to as well. I mean, have better new Americans coming to the Green Card than these clients. So yeah,

Unknown Speaker :

no hi that I agree. I agree. They're they're very, very happy. And, you know, we we both know that the Trump administration has been slowing slow walking every single adjudication. But, you know, it's and then banning now until end of the year, certain categories. And it's just it's, it's really too bad that, you know, deserving workers like them have to go through such a gyration. They're, you know, benefiting the government. They're benefiting the community. They're benefiting the economy. And it really they should if they are really truly interested in reducing or stopping illegal immigration, they have to increase legal immigration. Otherwise, what's the benefit of people doing things legally, when they have to go through and suffer through 10 plus years, just to take the legal steps to immigrate?

Unknown Speaker :

Well, I think that's one of the reasons why, you know, getting an expedite is really so great. You know, when I first started Eb five over a decade ago, you know, all of my cases were processed in about three months. Yeah,

Unknown Speaker :

yeah. Three, three to six months, was what it was about 1012 years ago.

Unknown Speaker :

All of a sudden, you know, we get to 2015 2016 you know, we're seeing about a year 2017 2018 other publishing about two Yours and now I just wanted to USC is website and they are currently posting 46 to 74 and a half months that is four to six years.

Unknown Speaker :

Yeah, yeah, that's that's just that's just wrong. Um, and last Eb five stakeholders meeting with us cis, they actually said they were fully staffed at that time. I know that was before the pandemic, but

Unknown Speaker :

even with a fully staffed iorp office, they were

Unknown Speaker :

processing what 400 in two, three months time 400 applications with 200 plus staff members, that's what, one or two applications per month

Unknown Speaker :

for that job.

Unknown Speaker :

Yeah, I mean, that's, that seems that seems unconscionable to me. Especially when you're dealing with, again, investing in the US economy at the tune of near 500,000.

Unknown Speaker :

Yeah, I mean, if you even look back to 2018, they were adjudicating more in one quarter than they are on pace to do in all of 2020. I mean, that is just staggering in itself, and are over 16,000 petitions pending. So, you know, this could be a really good opportunity for some folks who qualify to be able to, you know, get some better adjudication times. Yeah. Yeah.

Unknown Speaker :

So go talk to your lawyers.

Unknown Speaker :

Well, how about go talk to Jimmy, you know, one of the great things that I really love about working with you is, you know, you can just really see how you go above and beyond for all of your clients a lot more than other law firms. You know, there are a lot of attorneys that you know, they get that retainer, and then All of a sudden the client is really out of their time frame, you know, they're not necessarily getting back with responses as quick and what I like about Jen he is you know, she always takes that call, you know, she's been through the immigration process herself. And so she literally is gonna treat you just like this case was her own case. And she's always thinking about you even when you aren't thinking about your own case. She's thinking about your case and coming up with great ideas like this to make sure that you can get through the process as quickly as possible.

Unknown Speaker :

Well, thank you Jennifer. That's very kind of you but I do you know, these recent success with the expedite Yeah, I did actually contact my customers and saying, you know, I know you guys are looking at this long processing times that gets gets keeps getting longer. I was thinking about doing this I you can you provide me with what you're doing right now that I can justify and I you know, kind of go got the ball rolling that way. But I mean, you know, these doctors are very, you know, they're nervous. They're very nervous what Trump is doing with the, you know, what, what the President is doing with the h1 beads and you know, getting rid of the ones I mean

Unknown Speaker :

there's no business immigration anymore till the

Unknown Speaker :

end of the year. And the weight on Eb twos is just,

Unknown Speaker :

oh, gosh, you know, if for Indian nationals is like 30 years, it seems I don't know, it just it just goes on and on and on. So

Unknown Speaker :

well, and let's talk India here for a second too, because we were talking about long waits. So there are a lot of Indian doctors that are here in the United States waiting on you know, India has a backlog for you know, as we discussed just now, you'd be But also if you want any of you three previously Eb five two so you know Eb five is now current though this summer which is great for Indian doctors but you know it's also expected to return back to backlog status right? So Ken and expedite make the difference between getting in while Eb five is current and you know not and waiting until it's back to being retrogressed

Unknown Speaker :

Yes, I mean obviously I would not have actually thought about expedite requests on five to six if their visa numbers were not current. Because there's no need especially if you have, you know, children with you know, that are that are in high school or something and getting aid the possibility of age out longer, your five to six sisters pending the better it is for you. So, you know, this whole expedite request is not for everyone. And it is, you know, you have to literally think about what is going on with adjudication time. What kind of argument can you make and support for the expedite request, and does this help? Because just getting five to six, or any, you know, immigrant petition approved, they unless you just want to have approved petition in your hand, having that immigrant petition approval in your back pocket. If you want that, that's fine. But if that's not what you want, and you you want to jump on to the A als process, the next step, the priority date has to be current. So You know, I don't know what's going to happen six months from now. But right now, the visa numbers are current for Indian nationals. So I think that anyone who has

Unknown Speaker :

six pending was too to as well, you know, yeah. Crossing in the conflicts aren't able to take those visa numbers as well. So like, right, oh, that could potentially mean more numbers for people who are adjusting status also. Right. There's a lot of opportunities there. I think. I think right now for sure. Yeah.

Unknown Speaker :

So I think that, you know, anyone who already has two five to six pending, should take a look at and discuss whether or not it expedite requests works for them. And again, you know, any students petition that's pending probably will not work. Work, as I said before, because, you know, request for expedite is limited to those four criteria. And, you know, financial loss alone is very hard to prove. And but if you are getting offers from the government, because you're a fantastic coder, that could work. You know, so I think that, you know, Mike, my clients were doctors and it was easier for me to prove that but again, on a case by case basis, we need to reshoot talk about how, you know, what are you doing? How are we going to ask for expedite? request, what are we what do we have to support that request? And does that help you? If If five to six is approved, can you do something with it right away? Those are all the kinds of analysis that you need to do.

Unknown Speaker :

So what you're saying is that you need a really good immigration attorney to help you make sure that you're making the right choice number one, based on you know, what kind of priority date you have and based on a number of other different factors, you know, dependent children that you might have, you know, there's a lot of factors so make sure to consult a really good immigration attorney, I know one. And then number two, you know, expedite is not necessarily for everyone, you know, Jimmy doesn't have a magic wand. So she can only get you an expedite if you actually qualify for one. But I have seen her get really creative with her arguments and identify some pretty novel ways to get you there. And if it isn't an expedite, she's got a whole toolbox full of other creative ideas and things that she can use to make the law work in your favor. So I would certainly encourage you to to consult with an immigration attorney and see if maybe you know, an expert I could could work for you. So thanks, everyone for joining us today. And we look forward to hopefully getting some exploits for folks.

Unknown Speaker :

Thanks, Jennifer. I get to I have to plug in my partner sunak ondol, who will be managing attorney soon after I phase out into retirement in next few years. She has been doing Eb five work just as long as I have and my successes her success as well. So it's a group effort here at WP log group. Oh, that's for

Unknown Speaker :

sure. But we hope you never retire Jimmy.

Unknown Speaker :

I'm getting old Jennifer.

Unknown Speaker :

All right. Well, thanks for joining us today and I look forward to hosting you maybe on another podcast in the future.

Unknown Speaker :

Wonderful. Thank you so much for your invitation and it was great talking to you. Oh, you always. Okay. Bye bye.

Unknown Speaker :

If you would like to know more about first pathway

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partners, and how they can help you with a direct Eb five investment, or if you're looking for other visa opportunities, such as an E two visa, please contact them directly online at www dot first pathway.com Transcribed by https://otter.ai