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Current list of published articles of Joseph P. Whalen revised 02 06-13


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Current list of published articles of Joseph P. Whalen revised 02 06-13

  1. 1. I have been published online in Immigration Daily found, which has an approximate Monday throughFriday daily circulation of 35,000+. These were published from March 1, 2011 through Feb. 9, 2013. 1,0301-whalen.shtm “Eligibility at the time of filing” Misapplication of Very Specific I&N Decision Holdings and Principles to Too Many Circumstances 2,0321-whalen.shtm The Concepts of "Reasonable Reliance" vs. "Deference to Prior Decisions" in EB-5 3,0407-whalen.shtm 112th Congress Attempts to Amend the Immigration and Nationality Act: Are Some of These for Real or Are They Meant to be Jokes? April Fools! 4,0425-whalen.shtm An Increasing Need for Joint DOJ-DHS Immigration Rulemaking 5,0525-whalen.shtm The Application For A Regional Center Invites Material Change To Perfect That I- 924: The Role Of Transparent Complexity In Preserving Investment 6,0615-Whalen.shtm Regulatory Reform--Are you DOING Something, Anything About It? Get Involved in the Retrospective Regulatory Review! 7,0706-whalen.shtm Escrow Agreements In EB-5: A help or a Hindrance? 8,0712-whalen.shtm Badly Bungled N-600 Still Did Not Warrant Equitable Estoppel Or Nunc Pro Tunc Approval And a Review Of Division Of Statutory Authority Under the Immigration and Nationality Act 9,0719-whalen.shtm A Question to Ponder Regarding Regional Center Project Size Requirement 10,%200729-whalen.shtm Material Change vs. Authorized Modification-When Is Something Administratively Final? Is Time of Filing or Time of Adjudication More Crucial? 11,0817-whalen.shtm Which Precedents Do or Do Not Apply to the USCIS Form I-924? 12,0902-whalen.shtm Blanket Petition or Programmatic Approach versus Individualized Case-By-Case Analysis 13,0906-whalen.shtm Has the Well Run Dry? 2011 Seemed Like a Knowledge and Guidance Vacuum So Far With Minimal Postings to USCIS Administrative Decisions on BUT Change is in the Air in Other Matters at USCIS 14,0913-whalen.shtm A Call To Action For Regulatory Reforms - Make Yourself Heard, Please 15,0926-whalen.shtm Why Do I Make Such A Big Deal About Citizenship Claims? 16,1014-whalen.shtm The Case To Reform EB-5 17,1019-whalen.shtm An Open Letter to USCIS Offering A Suggestion For A Generally Applicable USCIS Policy of Fairness
  2. 2. 18,1028-whalen.shtm Does Lozada Belong in the Immigration Benefits Context?19,1108-whalen.shtm Executive Intent in EB-5: It Is What It Is, For Now. -OR- Past, Present and Future Tension20,1129-Whalen.shtm A Note to Employers and their Counsel on the Use of USCIS Form N-47021,1206-whalen.shtm Administrative VS. Judicial Remedial Powers And Relief Options22,1213-whalen.shtm On Matters Pertaining to Infrastructure Development and Expansion via EB-523,1221-whalen.shtm Before There Were Immigration Judges24,1228-whalen.shtm Revisiting Katigbak and Izummi Again25 "Within the Scope" Analysis Of the EB-5 Regional Center Is Analogous To AC21s "Same Or Similar Occupation Classification" Determination,0104-whalen.shtm26 A Recent Successful Request for an Outstanding Professor or Researcher,0110-Whalen.shtm27 Executive Intent Part II: Immigration Regulation Implementation Policy Options Past and Present,0116-whalen.shtm28 Nowhere Will You Find Any Requirement To Publish A "Notice Of Intent",0117-whalen.shtm29 It Seems That Lozada Does Not Belong In The Immigration Benefits Context,0125-whalen.shtm30 Entitlement vs. Discretionary Relief or "Administrative Grace",0202-Whalen.shtm31 A Recent Successful Request for an L1-A Intracompany Transferee as a Manager or Executive,0207-Whalen.shtm32 The Issues of a "Bona Fide Marriage" & "Meritorious In Fact" for a Jointly Filed I-751 Petition to Remove the Conditions of Residence,0210-Whalen.shtm33 Citizenship Claim Jurisdictional Considerations Since Passage of the Homeland Security Act Shifted Cabinet Level Authorities,0216-Whalen.shtm34 BIA Dismissal of DHS Appeal Actually Supports DHS Leadership,0221-Whalen.shtm35 Regarding National Interest Waivers,0227-whalen.shtm36 Entrepreneurs and Investors Are Not the Same Things!,0301-whalen.shtm37 An Interesting Turn of Phrase in Seventh Circuit,0306-Whalen.shtm38 Is the Fifth Circuit Attempting to Get a Case Before Itself for the Purpose of Setting a Future Precedent on Derivative Citizenship Claims and Ineffectiveness of Counsel Claims?,0308-Whalen.shtm39 Its Hard to Get Someone With Tunnel-Vision to See the Big Picture,0319-whalen.shtm
  3. 3. 40 Ninth Circuit on How Collateral Estoppel Applies in Immigration Proceedings,0322-Whalen.shtm41 Ninth Circuit Calling Out The Executive Branch On The "Culture of NO!",0327-Whalen.shtm42 Issue Preclusion As To The Tenant-Occupancy Methodology in EB-5,0403-whalen.shtm43 What Was The Original INS View of Employment Creation Immigrants,0413-whalen.shtm44 How Many Kinds Of NEXUS Can You Find Within EB-5?,0417-whalen.shtm45 The Critically Important Role of Proper Context for INA Benefits Purposes,0426-whalen.shtm46 Significance Of Prerequisites Within Various INA Contexts,0501-whalen.shtm47 Discussing District Court Standards In Reviewing USCIS Denials Of Certain Applications & Petitions,0504-whalen.shtm48 The Attorney General Is NOT A Proper Defendant When Challenging An N-400 Denial Or Any Other USCIS Decision!,0509-whalen.shtm49 Dangers Of Sua Sponte Issue Exhaustion And Unnecessary De Novo Review,0511-whalen.shtm50 Regarding Outstanding Professors and Researchers,0521-whalen.shtm51 Purpose of Initial Evidence and the Prima Facie Showing,0523-whalen.shtm52 Giving Substance to Predictions-Verification-Back End Burden of Proof,0531-whalen.shtm53 Indebtedness As Capital For An EB-5 Investment,0605-whalen.shtm54 Would You Be A Reasonable Factfinder?,0614-whalen.shtm55 Musings on Extraordinary Ability Visas,0619-whalen.shtm56 Some EB-5 Facts That Have Been Forgotten,0628-57 Different Reviews for Different Underlying INA Proceedings,0703-whalen.shtm58 Real Estate As A Capital Contribution For EB-5,0711-Whalen.shtm59 Know Your Audience,0718-Whalen.shtm60 How To Respond To An RFE For A Regional Center Application,0727-Whalen.shtm61 Role Of The Regional Center In EB-5,0802-62 From Theory to Practical Application in EB-5,0807-whalen.shtm
  4. 4. 63 Certain Issues Are NOT Regulated For Good Reasons While Others Remain Unregulated For No Good Reason!,0810-Whalen.shtm64 Taking On The EB-5 Community’s Confusion About “EXEMPLARS”,0817-Whalen.shtm65 The Role of the Business Plan Writer in the Regional Center Context,0822-whalen.shtm66 My Interpretation of the Proper Approach to Benefits Requests Adjudications (8-30-2012) Proper-Approach-to- Benefits-Requests-Adjudications-By-Joseph-Whalen#bio67 Current State Of EB-5 (9-06-2012) EB-5 Visa Fraud Exposed and Defeated (9-13-2012) and-Defeated-by- Joseph-Whalen69 Aliens Status During Appeal Of I-485 (9-20-2012) Appeal-Of-I-485-by- Joseph-Whalen70 NEXUS Revisited: "Because Of" and "But For" (12-24-2012) and-But-For-by-Joseph-Whalen71 Regarding the Preponderance of the Evidence Standard of Proof (12-27-2012) of-the-Evidence-Standard-of-Proof-by-Joseph-Whalen72 Material Changes May Require Reevaluation BUT Not Mandatory Denial Reevaluation-BUT-Not-Mandatory-Denial-by-Joseph-Whalen73 Material Change Prohibition For Investors Dates At Least To 1977, Not 1998 For-Investors-Dates-At-Least-To-1977-Not-1998-by-Joseph-Whalen74 What If USCIS Started To Deny More I-924s Outright Instead of Always Sendings an RFE? More-I-924s-Outright-Instead-of-Always-Sendings-an-RFE-by-Jospeh-Whalen75 What Do These Terms Mean? Direct, Indirect, and Induced (Feb. 6, 2013) Direct-Indirect-and-Induced-by-Joseph-Whalen76 Denying-Restraining-Order-and-Injunction-by-Joseph-Whalen (2-8-2013)