Header graphic for print
EB-5 Insights Where Government Policies and Business Realities Converge

Category Archives: EB-5 Program

Subscribe to EB-5 Program RSS Feed

Posted in EB-5 Program, USCIS

As we previously reported, USCIS has recently changed its policy of allowing loans to be a source of an investor’s lawful capital. Many stakeholders have reported that I-526 Petitions are being denied when the investor does not wholly own the real property used to collateralize the loan. USCIS has stated that proceeds from a loan may qualify… Continue Reading

Posted in EB-5 Job Creation, EB-5 Program

On July 29, Representative Zoe Lofgren, Ranking Member of the House Judiciary Committee, Subcommittee on Immigration and Border Security, and Representative Luis Gutiérrez introduced H.R.3370, the Entrepreneurial Business Creating Jobs Act of 2015 to permanently reauthorize and reform the EB-5 Regional Center Program. Representative Lofgren’s sectional summary can be found here. The legislation provides visas… Continue Reading

Posted in EB-5 Program

The National Association of Counties (NACo) hosted its 80th Annual Meeting where it discussed various proposed policy resolutions and platform changes. One such resolution was one supporting the EB-5 resolution to make the EB-5 program permanent. The steering committee unanimously voted in support of the EB-5 resolution, and the Board of Directors formally adopted the… Continue Reading

Posted in EB-5 Program, Immigrant Visa, USCIS

The White House has just released a new report titled “Modernizing & Streamlining our Legal Immigration System for the 21st Century,” which builds on the President’s executive actions of Nov. 21, 2014. This report provides for plans to improve the immigration system to modernize and streamline the processes for certain visa categories and to address… Continue Reading

Posted in EB-5 Program, Regional Center

On Sept. 28, 2012, just two days shy of its expiration, the EB-5 Regional Center Program was extended for three years when President Obama signed S.3245 into law.  The bill was sponsored by Senator Patrick Leahy, and cosponsored by Senators Grassley, Kohl, Hatch, Rubio, Schumer, Lee, Conrad, and Collins.  It had no short title, listed… Continue Reading

Posted in EB-5 Investment, EB-5 Program

The American Job Creation and Investment Promotion Reform Act, S. 1501, was introduced in the Senate by Senate Judiciary Committee Chairman Charles Grassley (R- IA) and Senate Judiciary Committee Ranking Member Patrick Leahy (D-VT).  S.1501 seeks to reauthorize the program for five years and proposes a number of integrity reforms for the EB-5 program.  EB-5… Continue Reading

Posted in EB-5 Investment, EB-5 Job Creation, EB-5 Program

A June U.S. Policy Metrics/Hamilton Place Strategies report Harnessing Private Capital For Job Creation: An Analysis Of The EB-5 Visa Program demonstrates the impact of the EB-5 visa program as a net job creator and budget-neutral catalyst for bringing private investment into the U.S. The report was commissioned by the EB-5 Investment Coalition (EB-5IC), a… Continue Reading

Posted in EB-5 Investment, EB-5 Program, Immigrant Investor

The United States Conference of Mayors conference hosted their 83rd Annual Meeting on June 19-22, 2015 in San Francisco, California. The EB-5 immigration investor program was included in the adopted resolutions of the organization as listed herein: EB-5 IMMIGRANT INVESTOR PROGRAM WHEREAS, EB-5 is the designation for the fifth employment-based preference immigrant visa category established… Continue Reading

Posted in EB-5 Program, Immigrant Visa, USCIS

On June 16, 2015, USCIS announced the suspension of the USCIS Electronic Immigration System (ELIS) for Form I-526, Immigrant Petition by Alien Entrepreneur. Due to challenges with ELIS and in an effort to improve it, effective June 15, 2015, USCIS will no longer accept electronically filed forms for the EB-5 category. Additionally, USCIS ELIS will… Continue Reading

Posted in EB-5 Investment, EB-5 Program, EB-5 Project

Greenberg Traurig attorney, Kate Kalmykov, was recently featured in The Real Deal article, EB-5: Who’s after China?, discussing new EB-5 investors in other countries. Attorney Kate Kalmykov flew to China every other month last year to drum up EB-5 business. This year, her travel schedule includes new stops in countries including Vietnam, Brazil, Mexico and… Continue Reading

Posted in EB-5 Program

Breaking News: legislative update on bill S. 1501 to authorize the EB-5 program by Greenberg Traurig advocate and EB-5 Investment Coalition founder, Laura Reiff.  We encourage everyone to listen to this podcast on this analysis and what it means for: EB-5 regional centers, developers and projects Individual EB-5 investors Migration agents and broker dealers working… Continue Reading

Posted in EB-5 Program, Regional Center

EB-5 Investment Coalition Applauds Bipartisan Effort on Reform Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Senate Judiciary Committee Ranking Member Patrick Leahy (D-Vt.) introduced bi-partisan legislation to extend and  improve the job-creating immigrant investor visa program, known as EB-5, which is set to expire in September.  The American Job Creation and Investment Promotion Reform Act… Continue Reading

Posted in EB-5 Program, Events

Greenberg Traurig attorneys, Kate Kalmykov and Sylvia Sobczyk, attended a recent immigration-related exhibition in Qatar.  As part of Greenberg Traurig’s tour of the Middle East, Kalmykov and Sobczyk were available to discuss immigration related questions with the thousands of participants at the exhibition.  Among the various topics discussed, Kalmykov and Sobczyk provided insights on the… Continue Reading

Posted in EB-5 Program

Representatives Mark Amodei (R-NV) and Jared Polis (D-CO), sponsors of H.R. 616, the American Entrepreneurship and Investment Act, held a legislative briefing yesterday, with the support of the EB-5 Investment Coalition, discussing the importance of the EB-5 program, focusing on the job growth and economic development it brings to the United States.  Laura Foote Reiff,… Continue Reading

Posted in EB-5 Investment, EB-5 Program, Speaking Engagement

Greenberg Traurig attorney, Matthew Galati, recently presented at the AILA Philadelphia Chapter’s 2015 CLE Conference.  Galati provided an overview of pending legislation, discussing AILA’s platform, and outlining the benefits to employers students and investors of the recently introduced  American Entrepreneurship and Investment Act of 2015 and the Immigration Innovation Act of 2015. Galati also addressed… Continue Reading

Posted in EB-5 Program, Retrogression, Visa Bulletin

Each month, the Department of State (DOS) issues a visa bulletin which contains information regarding the availability of immigrant visas. The availability of immigrant visas is subject to numerical caps imposed by Congress, which limit how many foreign nationals may obtain immigrant visas each year. In the employment based green card category Congress allots 140,000… Continue Reading

Posted in EB-5 Program, Posts in Chinese, Retrogression, Visa Bulletin

美国国务院每个月都会公布包含移民签证发放名额信息的签证公告。移民签证名额取决于国会制定的限额,即每年外国人可以获得移民签证的名额上限。在基于雇佣关系的绿卡申请领域,国会每年会发放140,000个移民签证(绿卡)。基于雇佣关系的绿卡申请又分为五个优先领域:  EB-1: 优先工作者(特别杰出的能力,优秀的教授和研究人员,跨国公       司经理或高 管)  EB-2:  拥有高等学历的专业人员和有特殊能力的人才  EB-3:  技术工人,专业人员,以及非技术工人  EB-4:  一些特殊移民包括宗教工作者  EB-5:  投资移民 根据美国法典第8章第1153节的规定,任何一个国家的移民申请人不得超过任何一个领域的总名额的7%。

Posted in EB-5 Investment, EB-5 Job Creation, EB-5 Program, EB-5 Project

Myth 1:  Buy a Green Card – The EB-5 program was established to help high-net-worth individuals buy a green card. Fact:  The EB-5 program is a highly regulated employment-based permanent residence application that takes years to complete.  The initial application requires detailed proof of investment in a qualified project.  It also requires evidence of an… Continue Reading

Posted in EB-5 Program, I-526, Immigrant Investor, Immigrant Visa, Retrogression, USCIS

Following is the Chinese translation of a previously published blog post: 鉴于EB-5签证排期倒退迫近,现在就优先日期以及I-526申请批准书上涉及的有关内容做些基本介绍,正是一个合适的时机。美国联邦法律规定,每个财政年度EB-5签证的可用额度上限为10,000 名额. EB-5投资人提交I-526申请后,其I-526申请被美国移民局(USCIS)接收的日期,视为EB-5投资人的“优先日期”。排期倒退是指,签证额度达到上限后,美国国务院(DOS)必须根据过去的优先日期,给签证申请人划定一个截止日期,从而产生的时间滞期。打个形象的比方,EB-5签证好比是排队,EB-5投资人的优先日期就是其在长队中的位置。

Posted in EB-5 Program, Regional Center

As many of you are aware, the EB-5 Immigrant Investor Regional Center pilot program is scheduled to expire in September.  In recent years, there has been a surge in the use of EB-5 funds as an expanding layer in the capital stack to help finance real estate, infrastructure, and other development projects/businesses. In early February… Continue Reading

Posted in EB-5 Program, Immigrant Visa, Speaking Engagement

Last week, Greenberg Traurig EB-5 attorney Kate Kalmykov presented to students at the University of Michigan on the topic of “Post-Graduate Immigration Options with a Focus on the USCIS EB-5 Visa Program.”  The lecture attracted a number of foreign students interested in learning about the various non-immigrant visa and immigrant visa options – with a… Continue Reading