• Money can't buy love, but it can open the door to US citizenship

    John Brecher / NBC News

    Svetlana Anikeeva is expecting a green card any day now after she and her husband invested $500,000 in the construction of a Seattle office and retail space.

    By Andrew Rafferty, Staff Writer, NBC News

    While most U.S. residents cannot put a price tag on the value of citizenship, Svetlana Anikeeva and her husband can -- $500,000.

    That’s because the Russian immigrants came to the U.S. through the EB-5 visa program, a federal initiative that allows foreigners to earn a green card granting them permanent residency – and a path to citizenship – in return for investing at least $500,000 in an American business and creating at least 10 jobs.

    For Anikeeva, she knew after spending her junior year of high school in Savannah, Ga., that she wanted to one day call America home.

    The student’s return to the United States was not immediate or certain. She went home to Vladivostok, attended college, then spent seven years in Japan with her husband and daughter, helping run the family’s luxury automobile export business.

    But as their daughter grew, Anikeeva and her husband decided they wanted her to have the advantages that come with an American education. And they were willing to pay to make it happen.

    "It was most of everything we had at the moment,” Anikeeva said of the money.

    It was a calculated risk, but one that Anikeeva felt would give her daughter the best shot at an education in the United States. In 2009, Anikeeva sent her application to the U.S. Citizenship and Immigration Services and, after it was approved, invested in an office and retail space in downtown Seattle. Now, she’s waiting by her mailbox in Redmond, Wash., for what she hopes will be a permanent green card.

    "My American friends, they don’t realize that the simple fact they were born here is worth $500,000," she said.

    Svetlana Anikeeva sees greater opportunity for her daughter in the United States than in her native Russia. To become U.S. citizens, she and her husband invested a half million dollars in a commercial office development.

    For reasonably deep-pocketed immigrants like Anikeeva, the program is a win-win. It allows investors and their direct family to earn permanent green card status while pumping money into the American economy. The program, which began in 1990, has been growing in recent years, with some in the U.S. business community using it to fund projects in the midst of a slow economic recovery.

    Since the financial collapse of 2008, the number of applications for EB-5 visas has risen dramatically. During fiscal 2007, just 776 foreign investors applied for visas, a number that ballooned to 6,040 last year. This year could be the first time it reaches the 10,000 visa cap.

    Citizenship is the driver
    Over the past seven years, foreign investors who have applied have had a good record of being approved, with around 80 percent getting into the EB-5 program, according U.S. Citizenship and Immigration Services statistics. More than 85 percent of those investors were ultimately granted permanent green cards.

    Foreign investors who participate in the program nearly all do so for the chance at citizenship, not profit, according to Miami-based immigration lawyer David Hart. "Generally speaking, they are not looking to make a substantial return. What they are interested in obviously in getting their green card then trying to ensure that the jobs will be created so that their green card is maintained," he said.

    The easiest and most common way for most foreign investors to go about the process is through a regional center. There are currently 287 throughout the U.S., all staffed by immigration lawyers who help clients navigate paperwork and find projects that will ultimately allowthem to stay in the U.S. for as long as they want. They help USCIS verify that jobs have in fact been created. Those jobs can range from waiters working in a new restaurant built with EB-5 money to construction workers building a new retail space.

    Regional centers also help investors in what can be the most difficult part of the process – verifying and vetting where the funds are coming from. The government spends a huge amount of time verifying that the funds were not obtained illegally or sourced back to an entity deemed hostile to the United States.

    Once an application is approved, investors are granted a two-year conditional visa while their project gets underway. If all works out, a permanent green card is issued and investors are free to live anywhere in the United States.

    Many regional centers sprung up after the economic collapse of 2008. Immigration experts like Hart, who has been an immigration lawyer for more than 20 years, saw the program as an opportunity. In March 2009, he gained approval to start the South Florida Investment Regional Center, which is working to renovate the Astor Hotel in Miami Beach using EB-5 funding from 16 would-be immigrants.

    "Around that time the economy was going south, so to speak, and banks weren't lending money. And so EB-5 is a source of cheap capital. ... With my background in immigration law, I recognized that opportunity existed," he said.

    Many of the projects are centered on service industries, like hotels and restaurants, that have the potential to create plenty of jobs quickly. 

    But investors, lawyers and business owners point to the slow pace with which investments are approved by Immigration Services as one of the program’s biggest downfalls. Some foreigners originally interested in coming to the United States turn to other countries with similar programs that move faster, they say. And with the program’s popularity growing, the delays are only getting worse.

    Hart also contends the government can be inconsistent on what does or does not get approved. He says he has experienced the USCIS originally approving a project, only to change its guidelines after the investment is under way.

     "That lack of predictability makes it very difficult for any business to really get off the ground," he said.

     The program also frustrates some who administer it. Jim Ziglar, who headed USCIS under President George W. Bush, said the program was not popular among those in immigration services because of the perception that it was a way for some people to pay their way to the front of the line.

     “There is a certain crassness in the American mind that somebody, if they happen to have $500,000, they can buy their way into the U.S.,” he said.

     Ziglar recognizes some of the merits of the program, but hopes to see the $500,000 minimum raised to increase the economic impact. That number has not changed since the program’s inception in the early 1990s.

    Anikeeva has no patience for those who see the EB-5 program as un-American, allowing foreigners to buy their way into the country. She says the work her family did to raise the funds and go through the investment process was just as difficult as any other pathway to the United States. 

    That’s why she’s waiting by her mailbox in Washington, hoping for word that her temporary green card has been made permanent.

    If all goes well from there, she plans to begin the process of becoming a U.S. citizen. 

    "I think the wedding day is supposed to be the happiest day of one's life? I think the day of my citizenship will be the happiest day of my life," she said.

    Related links:

    NBC News' series: Immigration Nation

    Through the obstacle course of immigration, many paths to citizenship 

    To get green cards, these immigrants must prove they are extraordinary

    By the numbers: How America tallies its 11.1 million undocumented immigrants 

    Waiting half a life for a green card: Families languish in immigration line

    For asylum seekers, path to citizenship is paved with peril

    'Ready to die for my new country'; gaining quick citizenship in combat boots

  • Wal-Mart plans to hire 100,000 veterans

    Retail giant Wal-Mart has announced that over the next five years it projects hiring 100,000 honorably discharged vets who are in their first 12 months off active duty. NBC's Brian Williams reports.

    By Ben Popken, TODAY contributor

    Wal-Mart will hire every veteran who wants to trade their camo fatigues for khakis and dark-blue polos, the company announced Tuesday.

    "Sadly, too many of those who fought for us abroad now find themselves fighting for jobs at home," Wal-Mart U.S. President and CEO Bill Simon said in a speech before the National Retail Federation. "Not every returning veteran wants to work in retail.  But every veteran who does will have a place to go. We project that Wal-Mart will hire more than 100,000 veterans over the next five years."

    As of December 2012, the unemployment rate for veterans of the Iraq and Afghanistan wars was 10.8 percent, according to the Bureau of Labor Statistics. The current national unemployment rate is 7.8 percent. By the end of 2012, there were 226,000 unemployed Iraq and Afghanistan veterans.

    The announcement comes at a time when Wal-Mart, the world's largest retailer and the nation's largest private employer, is trying to burnish its image. The company has been criticized over the years for offering low-paying jobs and its sourcing from Chinese manufacturers has been brought into question. Recently, allegations have been leveled that the company made bribes in Mexico to obtain building permits and there have been calls for improved supply chain oversight following the deadly fire at a Bangladesh factory that supplied clothes to several global retailers, including Wal-Mart.

    The retailer's hiring program will be open to veterans honorably discharged within the past 12 months. "All types" of jobs will be available, spokesperson Brooke Buchanan told TODAY, from part time to full time and management. These positions will be in stores, regional distribution centers, and the headquarters in Bentonville, Ark. Salary will depend on position. Benefits are included for full-time jobs.

    Openings will be be dependent on each facilities' staffing needs, the company said. No new positions will be created. Employee transfers between facilities will not count as new hires towards the 100,000 projection. However, the company said, if someone leaves their job at Wal-Mart and then comes back to work for the retailer later, that will be considered a new hire.

    Wal-Mart currently employs 1.4 million and "experiences significant turnover in associates each year," according to a March regulatory filing. Over 100,000 of those employees are veterans, according to the company, which declined to provide the number of currently available open positions.

    Under employer tax incentives for hiring veterans extended as part of the fiscal cliff deal, Wal-Mart can get a tax credit of $2,400 for hiring veterans that have been searching for work for at least four weeks but less than six months. Veterans with service-related disabilities are worth even more, up to $9,600 per hire.

    Several veterans groups greeted the announcement with gusto. Nonprofit veteran's advocacy group Iraq and Afghanistan Veterans of America (IAVA) founder and CEO Paul Rieckhoff told TODAY that "IAVA applauds Wal-Mart's leadership on veteran hiring... we need more employers to appreciate that these young men and women are not a charity, they are an investment. Wal-Mart's footprint is large enough that they can single-handedly impact that unemployment number, especially if they exceed their 100,000 jobs goal." On Jan. 9, the IAVA announced receiving a $50,000 grant from Wal-Mart to promote employment of veterans in New York state which the group said it will use to build an online job-search tool and fund a job fair for veterans.

    An interesting wrinkle in the program is that job-seeking vets who meet the eligibility requirements will get "priority applicant status." If a job is between two equally qualified candidates, one a vet and one a civilian, the vet gets the job, Buchanan said.

    In the same speech announcing the veteran's initiative, Wal-Mart's CEO also announced plans for Wal-Mart and Sam's club to buy an additional $50 billion in U.S.-made products over the next years. The approach is two-pronged. The retailer will increase purchases of categories that are already sourced in the U.S., like basic clothing, sporting goods, games, storage products and paper goods, and will encourage the development of U.S. production in furniture, textiles, and high-end appliances, said Simon.

    The White House, which has made promoting the hiring of veterans by the private sector a priority, welcomed Wal-Mart's pledge to hire more veterans. 

    "This is exactly the kind of act we hoped would be possible when we started Joining Forces — a concrete example of our nation's love and support that our troops, veterans, and their families can feel in their lives every day," said first lady Michelle Obama in a prepared statement. "So today, my challenge is simple: for every business in America to follow Wal-Mart's lead by finding innovative solutions that both make sense for their workplaces and make a difference for our veterans and their families."

    In August 2011, President Barack Obama issued a challenge to employers to hire or train 100,000 veterans and military spouses by 2013, a torch that Mrs. Obama and Vice President Joe Biden have picked up as part of the Joining Forces initiative. At an event in August 2012, Mrs. Obama announced that more than 2,000 American companies had taken up the challenge, hiring 125,000 veterans and military spouses.

    Veterans often face unique challenges re-entering civilian life. They may carry physical or mental disabilities, such as PTSD and traumatic brain injury. Wal-Mart told TODAY that veterans would have to pass the standard background and criminal record checks but would not be subjected to any additional psychological screening. A standard employee telephone helpline would be made available to employed veterans suffering from PTSD or any other disabilities, Wal-Mart said.

    "Obviously this is a good move that an employer wants to hire veterans. Our concern is that the jobs might be low wage and not offer enough health benefits," said Paul Sullivan, a board member for D.C.-based veterans' rights group Veterans for Common Sense. "I am concerned this is a public relations exercise to make the company look good. Veterans need fair wages, union representation and a job that offers a career, not just a low-wage position."

  • Prosecution rests in Edwards trial; defense to seek dismissal

    Ted Richardson / Reuters

    John Edwards exits the federal courthouse with one of his defense lawyers, Abbe Lowell, right, in Greensboro, N.C. on Friday.

    By NBC News and msnbc.com news services

    Prosecutors rested their case against John Edwards on Thursday without calling his mistress, Rielle Hunter, to testify. Instead, some of the former Democratic presidential candidate’s closest friends and advisers gave dramatic, often unflattering testimony about his actions as his once-promising political career collapsed amid a sex scandal.

    Edwards' defense team will ask U.S. District Court Judge Catherine C. Eagles on Friday to dismiss the case, arguing that prosecutors haven't proven their case. If the judge allows the trial to go forward, the defense will begin presenting its side Monday — and may call Hunter to testify. Edwards could also take the stand in his own defense.

    It is unclear whether the defense intends to call the 48-year-old Hunter, who has not attended the proceedings, to testify.

    Prosecutors rested their case against John Edwards on Thursday without calling his mistress, Rielle Hunter, to testify. NBC's Lisa Myers reports.

    In a court order issued March 21, Judge Catherine Eagles wrote: "The defense contends, without contradiction by the Government, that Ms. Hunter's statements have been consistent over time and that she has not said nor is she likely to say that Mr. Edwards admitted or committed any element of the charged offenses. The defense is of the view that her testimony will support inferences in favor of Mr. Edwards and will in fact generally be consistent with the defense theory of the case." 

    According to court documents, Hunter has been granted immunity from prosecution in connection with the case.

    Elizabeth Edwards was in the spotlight on Wednesday at the corruption trial of former presidential candidate John Edwards. In wrenching testimony, a witness talked about her  final days, saying Edwards was consumed by her husband's betrayal. NBC's Lisa Myers reports.

     

    Edwards has pleaded not guilty to six counts related to campaign finance violations. Prosecutors say he spearheaded a scheme to use nearly $1 million in secret payments from Fred Baron, his campaign finance manager, and 101-year-old heiress Rachel "Bunny" Mellon to hide his affair and keep his presidential campaign viable.

    Edwards denies knowing about the secret payments, which his lawyers contend were gifts from friends rather than campaign contributions. He faces up to 30 years in prison if convicted.

    While the past 14 days of testimony has focused on the money trail, the trial has also revisited Edwards' breathtaking fall. He had an affair with Rielle Hunter, a videographer on his campaign, as he renewed his marriage vows to his cancer-stricken wife, Elizabeth. He fathered a child with Hunter and then a decision was made for his right-hand man to claim paternity so Edwards could keep up his lofty political ambitions. And he lied repeatedly to his wife, his advisers and the public.

    As prosecutors wrapped up their case, they showed the jury records detailing the money spent to hide Hunter — $319,500 in cash, luxury hotels, private jets and a $20,000-a-month rental mansion in Santa Barbara, Calif. The bills, flashed up on a large screen for the jury to see, were all paid by Baron, a wealthy Texas lawyer who served as Edwards' 2008 campaign finance chairman.

    Baron began paying the expenses after tabloid reporters tracked down the pregnant mistress in Chapel Hill, where she had been secretly living in a house rented for her only a few miles from the Edwards family estate. Hunter was being closely watched over by Edwards' once-close confidant, Andrew Young, who falsely claimed paternity of boss' baby as the tabloid prepared to expose the affair.

    As part of the cover-up, Baron paid for Hunter — and Young and his wife — to cross the country on private flights worth more than $80,000 and stay in waterfront hotel suites costing nearly $44,000, including bar tabs and frequent room service. Baron also leased a mansion in Santa Barbara for the mistress as she prepared to give birth, with total costs over the next eight months totaling $184,378.

    Several witnesses testified that Edwards knew what the money was spent on; others were less definitive.

    Earlier Thursday, a former unpaid economic adviser to Edwards testified that the candidate actively courted his Democratic rivals in an effort to be tapped as the eventual nominee’s running mate, even as his own campaign was collapsing.

    The adviser, Leo Hindery, said he was an intermediary between Edwards and former Sen. Tom Daschle, who was then with Obama's campaign. On the night of Jan. 4, 2008, after Obama won the Iowa caucuses, Edwards asked Hindery to talk to Obama's camp.

    "Edwards believed it was important that Mrs. Clinton not be the nominee,” Hindery testified. “He thought it would be a disaster."

    Hindery said he reached out to the Obama campaign, via Daschle, and said, "Mr. Edwards for his support would like to be part of (the administration) and be attorney general." Daschle was skeptical and questioned "whether this is appropriate," he said.

    Hindery also testified Edwards thought if he became attorney general that might eventually evolve into a nomination for the Supreme Court.

    The jockeying didn't end there. When Obama didn't accept Edwards with open arms, he started talking to Clinton's campaign, Hindery said. 

    Earlier in the campaign corruption trial, adviser Tim Toben said he was astonished when Edwards told him in June 2008 he still had a desire to become Obama's running mate or fill his Cabinet.

    "I was alarmed," Toben testified. "I couldn't believe a man with a 4-month-old baby with another woman would seriously consider running for vice president."

    The advisers' testimony is key because prosecutors are trying to show jurors that Edwards still had political aspirations after his campaign was suspended in January 2008.

    Lisa Myers, Michael Austin and Stacey Klein of NBC News and the Associated Press contributed to this report.

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  • Ohio school district hires collection agency to go after unpaid lunch money

    By Sylvia Wood, msnbc.com

    An Ohio school district has hired a collection agency to prove to students and their parents that there’s no such thing as a free lunch.

    The Columbus City Schools hope to recover an estimated $900,000 in unpaid lunch money from almost 6,000 students. The district loses roughly $2,622 every school day in unpaid lunches, according to a report on NBC4i.com. Most of the delinquent accounts average between $150 and $170, according to Meade and Associates, the collection agency in Westerville hired by the district to collect the money.

     “Our goal is to recover the balance in full,” Sean Meade, client relations manager, told msnbc.com. But he added, “we’re here to help,” so if “payment arrangements are needed, we’ll work with the family.”

    Columbus City Schools did not return a call from msnbc.com. Unpaid-for lunches are not unique to Columbus. Across the country, districts are struggling as the ailing economy brings more students to school without lunch money.

    “It’s one of those issues that we’re seeing more of,” Diane Pratt-Heavner of the Maryland-based School Nutrition Association told msnbc.com. The group recently surveyed 964 of its members. Fifty-three percent said they had seen increases in the number of students unable to pay for lunch.

    Schools have been trying to balance budget cuts with new federal nutrition standards that are expected to increase the cost of meal preparation.  In response, Pratt-Heavner said her group would like Congress to require the U.S. Department of Agriculture to spell out how schools should respond to requests for unpaid lunches and how to manage the debt.

    “The people working in our school cafeterias are not in this line of work for the money – they want to serve all their kids – but at the end of the day, the new nutrition standards for school meals are raising the cost of serving school meals, and school nutrition programs simply cannot afford to allow unpaid meal charges go unchecked,” Pratt-Heavner told msnbc.com.

    Until then, school districts continue to make accommodations for students who can’t pay. Some offer alternative meals of cheese or peanut butter sandwiches. Districts also try various methods of collecting debts, such as phone calls and letters to parents.

    Pratt-Heavner said more districts are turning to collection agencies.

    Meade told msnbc.com his agency will start contacting parents by early April, using phone calls and letters. Of every dollar collected, the company will earn 26 cents in commission.

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