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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 atwww.ILW.com, which has an approximate Monday throughFriday daily circulation of 35,000+. These were published from March 1, 2011 through Feb. 9, 2013. 1 http://www.ilw.com/articles/2011,0301-whalen.shtm “Eligibility at the time of filing” Misapplication of Very Specific I&N Decision Holdings and Principles to Too Many Circumstances 2 http://www.ilw.com/articles/2011,0321-whalen.shtm The Concepts of "Reasonable Reliance" vs. "Deference to Prior Decisions" in EB-5 3 http://www.ilw.com/articles/2011,0407-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 http://www.ilw.com/articles/2011,0425-whalen.shtm An Increasing Need for Joint DOJ-DHS Immigration Rulemaking 5 http://www.ilw.com/articles/2011,0525-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 http://www.ilw.com/articles/2011,0615-Whalen.shtm Regulatory Reform--Are you DOING Something, Anything About It? Get Involved in the Retrospective Regulatory Review! 7 http://www.ilw.com/articles/2011,0706-whalen.shtm Escrow Agreements In EB-5: A help or a Hindrance? 8 http://www.ilw.com/articles/2011,0712-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 http://www.ilw.com/articles/2011,0719-whalen.shtm A Question to Ponder Regarding Regional Center Project Size Requirement 10 http://www.ilw.com/articles/2011,%200729-whalen.shtm Material Change vs. Authorized Modification-When Is Something Administratively Final? Is Time of Filing or Time of Adjudication More Crucial? 11 http://www.ilw.com/articles/2011,0817-whalen.shtm Which Precedents Do or Do Not Apply to the USCIS Form I-924? 12 http://www.ilw.com/articles/2011,0902-whalen.shtm Blanket Petition or Programmatic Approach versus Individualized Case-By-Case Analysis 13 http://www.ilw.com/articles/2011,0906-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 www.uscis.gov BUT Change is in the Air in Other Matters at USCIS 14 http://www.ilw.com/articles/2011,0913-whalen.shtm A Call To Action For Regulatory Reforms - Make Yourself Heard, Please 15 http://www.ilw.com/articles/2011,0926-whalen.shtm Why Do I Make Such A Big Deal About Citizenship Claims? 16 http://www.ilw.com/articles/2011,1014-whalen.shtm The Case To Reform EB-5 17 http://www.ilw.com/articles/2011,1019-whalen.shtm An Open Letter to USCIS Offering A Suggestion For A Generally Applicable USCIS Policy of Fairness
  2. 2. 18 http://www.ilw.com/articles/2011,1028-whalen.shtm Does Lozada Belong in the Immigration Benefits Context?19 http://www.ilw.com/articles/2011,1108-whalen.shtm Executive Intent in EB-5: It Is What It Is, For Now. -OR- Past, Present and Future Tension20 http://www.ilw.com/articles/2011,1129-Whalen.shtm A Note to Employers and their Counsel on the Use of USCIS Form N-47021 http://www.ilw.com/articles/2011,1206-whalen.shtm Administrative VS. Judicial Remedial Powers And Relief Options22 http://www.ilw.com/articles/2011,1213-whalen.shtm On Matters Pertaining to Infrastructure Development and Expansion via EB-523 http://www.ilw.com/articles/2011,1221-whalen.shtm Before There Were Immigration Judges24 http://www.ilw.com/articles/2011,1228-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 http://www.ilw.com/articles/2012,0104-whalen.shtm26 A Recent Successful Request for an Outstanding Professor or Researcher http://www.ilw.com/articles/2012,0110-Whalen.shtm27 Executive Intent Part II: Immigration Regulation Implementation Policy Options Past and Present http://www.ilw.com/articles/2012,0116-whalen.shtm28 Nowhere Will You Find Any Requirement To Publish A "Notice Of Intent" http://www.ilw.com/articles/2012,0117-whalen.shtm29 It Seems That Lozada Does Not Belong In The Immigration Benefits Context http://www.ilw.com/articles/2012,0125-whalen.shtm30 Entitlement vs. Discretionary Relief or "Administrative Grace" http://www.ilw.com/articles/2012,0202-Whalen.shtm31 A Recent Successful Request for an L1-A Intracompany Transferee as a Manager or Executive http://www.ilw.com/articles/2012,0207-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 http://www.ilw.com/articles/2012,0210-Whalen.shtm33 Citizenship Claim Jurisdictional Considerations Since Passage of the Homeland Security Act Shifted Cabinet Level Authorities http://www.ilw.com/articles/2012,0216-Whalen.shtm34 BIA Dismissal of DHS Appeal Actually Supports DHS Leadership http://www.ilw.com/articles/2012,0221-Whalen.shtm35 Regarding National Interest Waivers http://www.ilw.com/articles/2012,0227-whalen.shtm36 Entrepreneurs and Investors Are Not the Same Things! http://www.ilw.com/articles/2012,0301-whalen.shtm37 An Interesting Turn of Phrase in Seventh Circuit http://www.ilw.com/articles/2012,0306-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? http://www.ilw.com/articles/2012,0308-Whalen.shtm39 Its Hard to Get Someone With Tunnel-Vision to See the Big Picture http://www.ilw.com/articles/2012,0319-whalen.shtm
  3. 3. 40 Ninth Circuit on How Collateral Estoppel Applies in Immigration Proceedings http://www.ilw.com/articles/2012,0322-Whalen.shtm41 Ninth Circuit Calling Out The Executive Branch On The "Culture of NO!" http://www.ilw.com/articles/2012,0327-Whalen.shtm42 Issue Preclusion As To The Tenant-Occupancy Methodology in EB-5 http://www.ilw.com/articles/2012,0403-whalen.shtm43 What Was The Original INS View of Employment Creation Immigrants http://www.ilw.com/articles/2012,0413-whalen.shtm44 How Many Kinds Of NEXUS Can You Find Within EB-5? http://www.ilw.com/articles/2012,0417-whalen.shtm45 The Critically Important Role of Proper Context for INA Benefits Purposes http://www.ilw.com/articles/2012,0426-whalen.shtm46 Significance Of Prerequisites Within Various INA Contexts http://www.ilw.com/articles/2012,0501-whalen.shtm47 Discussing District Court Standards In Reviewing USCIS Denials Of Certain Applications & Petitions http://www.ilw.com/articles/2012,0504-whalen.shtm48 The Attorney General Is NOT A Proper Defendant When Challenging An N-400 Denial Or Any Other USCIS Decision! http://www.ilw.com/articles/2012,0509-whalen.shtm49 Dangers Of Sua Sponte Issue Exhaustion And Unnecessary De Novo Review http://www.ilw.com/articles/2012,0511-whalen.shtm50 Regarding Outstanding Professors and Researchers http://www.ilw.com/articles/2012,0521-whalen.shtm51 Purpose of Initial Evidence and the Prima Facie Showing http://www.ilw.com/articles/2012,0523-whalen.shtm52 Giving Substance to Predictions-Verification-Back End Burden of Proof http://www.ilw.com/articles/2012,0531-whalen.shtm53 Indebtedness As Capital For An EB-5 Investment http://www.ilw.com/articles/2012,0605-whalen.shtm54 Would You Be A Reasonable Factfinder? http://www.ilw.com/articles/2012,0614-whalen.shtm55 Musings on Extraordinary Ability Visas http://www.ilw.com/articles/2012,0619-whalen.shtm56 Some EB-5 Facts That Have Been Forgotten http://www.ilw.com/articles/2012,0628-57 Different Reviews for Different Underlying INA Proceedings http://www.ilw.com/articles/2012,0703-whalen.shtm58 Real Estate As A Capital Contribution For EB-5 http://www.ilw.com/articles/2012,0711-Whalen.shtm59 Know Your Audience http://www.ilw.com/articles/2012,0718-Whalen.shtm60 How To Respond To An RFE For A Regional Center Application http://www.ilw.com/articles/2012,0727-Whalen.shtm61 Role Of The Regional Center In EB-5 http://www.ilw.com/articles/2012,0802-62 From Theory to Practical Application in EB-5 http://www.ilw.com/articles/2012,0807-whalen.shtm
  4. 4. 63 Certain Issues Are NOT Regulated For Good Reasons While Others Remain Unregulated For No Good Reason! http://www.ilw.com/articles/2012,0810-Whalen.shtm64 Taking On The EB-5 Community’s Confusion About “EXEMPLARS” http://www.ilw.com/articles/2012,0817-Whalen.shtm65 The Role of the Business Plan Writer in the Regional Center Context http://www.ilw.com/articles/2012,0822-whalen.shtm66 My Interpretation of the Proper Approach to Benefits Requests Adjudications (8-30-2012) http://discuss.ilw.com/content.php?451-Article-My-Interpretation-of-the- Proper-Approach-to- Benefits-Requests-Adjudications-By-Joseph-Whalen#bio67 Current State Of EB-5 (9-06-2012) http://discuss.ilw.com/content.php?477-Article-Current-State-Of-EB-5-by-68 EB-5 Visa Fraud Exposed and Defeated (9-13-2012) http://discuss.ilw.com/content.php?504-Article-EB-5-Visa-Fraud-Exposed- and-Defeated-by- Joseph-Whalen69 Aliens Status During Appeal Of I-485 (9-20-2012) http://discuss.ilw.com/content.php?545-Article-Alien-s-Status-During- Appeal-Of-I-485-by- Joseph-Whalen70 NEXUS Revisited: "Because Of" and "But For" (12-24-2012) http://discuss.ilw.com/content.php?1050-Article-NEXUS-Revisited-Because-Of- and-But-For-by-Joseph-Whalen71 Regarding the Preponderance of the Evidence Standard of Proof (12-27-2012) http://discuss.ilw.com/content.php?1065-Article-Regarding-the-Preponderance- of-the-Evidence-Standard-of-Proof-by-Joseph-Whalen72 Material Changes May Require Reevaluation BUT Not Mandatory Denial http://discuss.ilw.com/content.php?1108-Article-Material-Changes-May-Require- Reevaluation-BUT-Not-Mandatory-Denial-by-Joseph-Whalen73 Material Change Prohibition For Investors Dates At Least To 1977, Not 1998 http://discuss.ilw.com/content.php?1179-Article-Material-Change-Prohibition- 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? http://discuss.ilw.com/content.php?1187-Article-What-If-USCIS-Started-To-Deny- 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) http://discuss.ilw.com/content.php?1283-Article-What-Do-These-Terms-Mean- Direct-Indirect-and-Induced-by-Joseph-Whalen76 http://discuss.ilw.com/content.php?1301-Article-Examining-the-Carlsson-Decision Denying-Restraining-Order-and-Injunction-by-Joseph-Whalen (2-8-2013)

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