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EB-5 Insights Where Government Policies and Business Realities Converge

Category Archives: EB-5 Program

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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, 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

Posted in EB-5 Program, I-526, I-829, USCIS

On Feb. 18, 2015, USCIS released performance statistics on I-526 and I-829 EB-5 related petitions. The following charts provide the case status as broken down by petitions received, approved, denied, or pending from fiscal year 2008 through the first quarter of fiscal year 2015 (October through December 2014): USCIS statistics on I-526 EB-5 petitions for… Continue Reading

Posted in EB-5 Program, I-526, I-829, I-924, Immigrant Investor, Uncategorized, USCIS

USCIS updated its processing times for the Immigrant Investor Program Office on Feb. 11, 2015. Unfortunately, the news is not welcome. Processing times ticked up slightly to 14 months for I-526 Petitions, 11.4 months for I-829 Petitions and 11.1 months for I-924 Applications. The I-924 Application processing time has risen a full seven months from a low… Continue Reading

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

Last week, Greenberg Traurig EB-5 attorney Ali Brodie and Franchise & Distribution attorneys David Oppenheim and Alan Greenfield, spoke in Houston, Texas, at the Franchise Expo South sponsored by the International Franchise Association. Ali provided a seminar on the EB-5 investor program as a tool for franchise network expansion. She discussed how the EB-5 program… Continue Reading

Posted in EB-5 Program

Matt Galati, an associate in Greenberg Traurig’s Business Immigration & Compliance Practice, wrote an article for EB5 Investors regarding India loosening currency restrictions, making it easier for the EB-5 investment funds to be transferred out of the country. Read the full article here.

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

With retrogression looming, it is a good time for a quick primer on priority dates and the information contained on an I-526 petition approval. U.S. federal law caps the number of EB-5 visas that are available each fiscal year at 10,000. When an EB-5 investor files an I-526 Petition, the day his or her I-526… Continue Reading

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

On Jan. 28, 2015, Congressmen Jared Polis (D-CO) and Mark Amodei (R-NV) introduced the American Entrepreneurship and Investment Act of 2015, which seeks to update and permanently authorize the EB-5 Immigrant Investor visa program. The bipartisan measure follows long-standing calls from numerous groups in the commercial, residential, hospitality, retail, and real estate industries to make… Continue Reading

Posted in EB-5 Program, Speaking Engagement, Uncategorized

Earlier this month, attorneys in Greenberg Traurig’s multi-disciplinary EB-5 group held an “EB-5: Green Card Through Investment” seminar in Miami, Florida, for Venezuelan investors interested in utilizing the EB-5 Program. The day-long seminar covered several topics in connection with the EB-5 Immigrant Investor Program, including SEC considerations, the immigration process for EB-5 and international tax… Continue Reading

Posted in EB-5 Program, Speaking Engagement

Greenberg Traurig EB-5 attorney Kate Kalmykov recently appeared on The Stoler Report with several EB-5 industry members to discuss the EB-5 Immigrant Investor Program. The Stoler Report-New York’s Business Report is a weekly television show airing in New York City that covers trends and developments in the New York metropolitan area real estate industry. On… Continue Reading

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

Last week, Greenberg Traurig EB-5 attorney Ali Brodie presented to students at Columbia University in New York on the topic of “Post-Graduate Immigration Options with a Focus on the USCIS EB-5 Visa Program.”  EB-5 team members Sylvia Sobczyk and Joanna Jiang also attended the seminar.  The lecture attracted a number of foreign students interested in… Continue Reading

Posted in EB-5 Program, Events

Last week, Greenberg Traurig EB-5 attorney Ali Brodie and Franchise attorney David Oppenheimspoke at the West Coast Franchise Expo in Anaheim, Calif. Ali provided a seminar on EB-5 as a tool for franchise network expansion. She discussed how the EB-5 program affords unique opportunities for franchise companies to raise capital and expand their franchise networks… Continue Reading

Posted in EB-5 Program, I-526, Immigrant Visa

The Chief of the Visa Control and Reporting Division of the U.S. Department of State, Charles Oppenheim, reported that the EB-5 immigrant visa category would likely retrogress in July 2015. However, this does contradict his prediction provided to AILA earlier last week of retrogression occurring in May 2015. What is striking about Oppenheim’s announcement was that… Continue Reading

Posted in EB-5 Program, I-526, Immigrant Visa

As part of an ongoing series of monthly updates provided to the American Immigration Lawyers Association, the chief of the Visa Control and Reporting Division of the U.S. Department of State, Charles Oppenheim, reported that the EB-5 immigrant visa category could retrogress as early as May 2015. It appears retrogression of the EB-5 immigrant visa… Continue Reading

Posted in EB-5 Program, I-526

The October 2014 Visa Bulletin reflects that EB-5 visas are now available for Chinese EB-5 investors. In August, the U.S. Department of State (DOS) announced that the EB-5 visa category for Chinese nationals would be unavailable for the remainder of fiscal year 2014. Fiscal year 2015 began October 1, 2014, and so the EB-5 visa… Continue Reading

Posted in EB-5 Program, Events

Greenberg Traurig’s EB-5 team has partnered with a migration agent to host a EB-5 seminar series in key Latin American markets. The seminar series is structured to provide ample opportunity for regional centers to network, meet and promote projects to investors through migration agents. Greenberg Traurig EB-5 attorneys will present on the legal process involved… Continue Reading

Posted in EB-5 Program, General

Greenberg Traurig EB-5 attorneys Kate Kalmykov and Laura Reiff were recently featured in the first edition of Immigration Times magazine*. The magazine is published in China and features industry expert articles, immigration Q & A, regional center success stories and more. The magazine exists to provide key updates on EB-5 regulations and policies, educate investors… Continue Reading