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Category Archives: EB-5

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Posted in EB-3, EB-5, EB-5 Program, Visa

On Jan. 24, 2017, Senators Grassley (R-IA) and Feinstein (D-CA), the Chair and Ranking Committee members of the Senate Judiciary Committee introduced bill S. 232 to terminate the EB-5 Visa Program and to reallocate the employment creation visas to the other employment-based visa classifications. The bill would eliminate both the direct and regional center program… Continue Reading

Posted in EB-5, Events

Greenberg Traurig’s EB-5 Team recently attended the EB-5 Investor Magazine Conference in Las Vegas, NV. The 2016 Las Vegas EB-5 Conference remains one of the largest EB-5 conferences, hosting hundreds of leaders and political figures in the EB-5 legislation field, as well as other professionals. Laura Reiff, along with U.S. House Representative Jared Polis and other panelists, discussed… Continue Reading

Posted in EB-5, USCIS, Visa

Greenberg Traurig attorney, Nataliya Rymer, was recently cited in the Notice of Proposed Rulemaking (NPRM) seeking to amend the current EB-5 regulations, which was published in the Federal Register pursuant to the Administrative Procedure Act. Rymer’s article U.S. Department of State Announces EB-5 Visas for China Unavailable Until October 1, 2014, which appeared in the National… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Immigrant Investor Program

On January 13, 2017, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking Making (“NPRM”) seeking to amend the current EB-5 regulations.  As required by the Administrative Procedure Act, DHS has published the  NPRM in  the Federal Register for notice to the public and has given the public a three (3) month… Continue Reading

Posted in EB-5, Visa

In much anticipated news for both the United States and Israeli companies and entrepreneurs, Israeli nationals will soon become eligible for the E-2 Treaty Investor visas. The Israeli authorities have announced that the procedures and rules for the B-5 investor visa for U.S. citizens are expected to be released in March 2017. One of the vital… Continue Reading

Posted in Department of Homeland Security, EB-5, TEA

The Department of Homeland Security (DHS) has issued a notice of proposed rulemaking to be published on January 13, 2017 to amend the regulations in relation to the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers.  The purpose of the proposed amendments is to modernize the EB-5 program.  DHS will accept comments… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Program, USCIS

On Jan. 9, the Office of Management and Budget (OMB) published a notice that, as of Jan. 6, it had completed its review a proposed rulemaking that the Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) had drafted to make changes to the current regulations as they relate to the EB-5… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Program, USCIS

On Dec. 20, 2016, the Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) requested that the Office of Management and Budget (OMB) review a proposed rule making that would make changes to the current regulations as it relates to the EB-5 Immigrant Investor Program.  The title of this rule is “Improvement… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Program, Eb-5 Regional Center, I-526, I-829, I-924, Posts in Chinese

在今年5月4日,美国国土安全部在联邦公报(Federal Register)上公布了拟定的新收费提案,征求公众意见。请查看我们之前的博客。该拟定的新收费提案于今年10月24日作为最终案通过,并将在本月(12月)晚些时候正式生效。 从今年12月23日起,递交给美国移民局的多项移民申请,非移民申请,身份调整申请和入籍申请的费用都会上涨。一些常见申请费上调项目请参见下表: 移民局的申请费用将平均上涨21%。然而,从上表可以看出,EB-5类别相关的申请费用上调最高,I-526和I-924的升幅都超过100%,并且推出了新的3,035美元的I-924A表格的申请费用。 EB-5区域中心需要每年提交一份I-924A表格(今年,2016年12月29日),或根据要求证明其继续资格指定,以前没有与此申报相关的费用。 美国移民局自2010年11月以来没有调整过申请费用表。由于移民局的运转的资金完全来源于申请费用,移民局强调费用上调是必要的,以用来支付日益增加的财政开支和人力成本,包括案件审核,欺诈检测,国家安全和客户服务相关的成本。我们希望,随着这些改进也将加快移民局的案件审理时间。 我们建议申请人提前将所有即将提交的文件提交给美国移民局;所有申请必须在2016年12月21日之前寄出,因为2016年12月22日是USCIS接受当前申请费的最后日期。自2016年12月23日起,移民局将拒绝那些没有提供上调后的申请费的申请。

Posted in Department of Homeland Security, EB-5, EB-5 Program, Eb-5 Regional Center, I-526, I-829, I-924, Immigration, USCIS

On May 4, 2016, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register inviting public comment on a proposed increase in the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule, which we previously wrote about. This proposed rule was subsequently adopted as final on Oct. 24, 2016, and… Continue Reading

Posted in China, EB-5, I-526, Immigration, Visa

The F-1 student visa is a nonimmigrant visa issued to foreign nationals with intent to reside in the United States only temporarily pursuant to their studies.   Generally, the student must have a residence abroad that they have no intention of abandoning.  The filing of an I-526 Petition, however, reflects a foreign national’s intent to immigrate… Continue Reading

Posted in Department of Homeland Security, EB-5

The Department of Homeland Security (DHS) released the Fall Unified Agenda, updating the Improvement of the Employment Creation Immigrant Regulations.  DHS has now moved the stage of rulemaking from “long-term actions” to “proposed rule stage.”  This new release also changes the date of the Notice of Proposed Rulemaking (NPRM) from “to be determined” to January… Continue Reading

Posted in EB-5, EB-5 Program, Eb-5 Regional Center, Events, Immigrant Visa, U.S. Customs and Border Protection (CBP), Visa, Webinar

On November 10, 2016, Laura Foote Reiff, Bob Maples, and Rebecca Schechter presented an Immigration Post-Election Update webinar highlighting some of the anticipated key changes to U.S. immigration policy (click here to listen to the webinar).  President-elect Donald Trump will likely begin the change on current U.S. immigration policy as soon as he takes office. … Continue Reading

Posted in EB-5, Events

Greenberg Traurig attorneys attended and presented at the ABA 39th Annual Forum on Franchising in Miami Florida.  The ABA provides this forum to study and discuss the legal aspects of franchising.  Kate Kalmykov presented on EB-5 Investors as a Vehicle for Franchise Network Expansion.  Kalmykov’s recent white paper addresses the use of EB-5 franchises. To… Continue Reading

Posted in Department of State, EB-5, EB-5 Program, Eb-5 Regional Center, I-526, Immigrant Visa, Visa, Visa Bulletin

On Oct. 5, 2016, the U.S. Department of State (DOS) issued an unclassified cable on the Continuing Resolution signed into law on Sept. 29, 2016 that extends several important immigration programs, including the EB-5 Regional Center program. The cable explains that the EB-5 Regional Center program (immigrant visa categories R51 and I51) now is set… Continue Reading

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

USCIS has released its third quarter performance data for the fiscal year 2016 (October through September), including performance data on I-526 Petitions and I-829 Petitions.  USCIS reports generally provide summary data on the number of applications or petitions received, approved, denied and pending. For the third quarter of 2016 (April through June), USCIS approved 1,660… Continue Reading

Posted in Awards & Recognitions, EB-5, Firm News, The Expert Institute’s Best Legal Blog Competition

We are extremely excited to announce that we have been nominated to participate in The Expert Institute’s Best Legal Blog Competition. From a field of hundreds of potential nominees, EB-5 Insights has received enough nominations to join the one of the largest competitions for legal blog writing online today. Now that the blogs have been… Continue Reading

Posted in EB-5

Greenberg Traurig attorneys Kate Kalmykov and Jennifer Hermansky presented at the 2016 AILA EB-5 Conference  held on Oct. 24-25, 2016, at the Renaissance Washington, D.C. Downtown Hotel in Washington, D.C.  The EB-5 conference hosts this two day event to provide practical information for attorneys representing individual investors and/or regional centers.   Jennifer moderated on a panel… Continue Reading

Posted in EB-5, Government Accountability Office (GAO), I-526

The Government Accountability Office (GAO) recently reviewed a sampling of unadjudicated I-526 petitions from the fourth quarter of fiscal year 2015 to obtain information on: 1) the ratio between investors who invested in Targeted Employment Areas (TEA) or non-TEA designated projects; 2) the geographic locations in which the projects were located; and 3) the capital stack… Continue Reading

Posted in EB-5, Events

Greenberg Traurig attorneys Kate Kalmykov and Jennifer Hermansky will be speaking at the 2016 AILA EB-5 Conference to be held Oct. 24-25, 2016, at the Renaissance Washington, D.C. Downtown Hotel in Washington, D.C.  Kate will speak on a panel entitled Securities Enforcement by SEC, State, and Private Parties along with the SEC Deputy Director of… Continue Reading

Posted in Department of State, EB-5, EB-5 Investment, Immigrant Visa, Visa

许多中国大陆出生的EB-5投资者最近注意到,他们不再能够访问国家签证中心(NVC)的在线平台。 此在线平台的功能包括移民签证费账单的支付,移民签证(DS-260)的申请,以及其他功能。 国家签证中心已确认将使用每月签证公告的申请递件排期表(“表B”)来启动案件处理。10月份的签证排期公告显示,对于中国大陆出生的EB-5投资者,表B当前优先日的截止日期是2014年6月14日或更早。因此,国家签证中心表示不会处理优先日晚于10月签证排期公告中表B截止日期的案件。 这种在处理中国大陆出生的EB-5投资者的移民签证申请上的改变导致许多人无法继续进行在处理方式变更之前开始的DS-260申请,以及无法支付移民签证费用帐单,完成DS-260申请,或从国家签证中心收到确认DS-260申请的所有相关文件已被接收的通知。根据国家签证中心的指示,在今年10月,只有那些优先日期为2014年6月14日或更早的中国大陆出生申请人能够在被国家签证中心通知后继续移民签证处理程序。另外,每个月国家签证中心将通知那些优先日在签证排期表表B截止日期之前的申请人。重要的是,对于以前已经提交给国家签证中心但优先日在排期表表B截止日期之后而不能进行处理的案件,国家签证中心表示将给申请人发出确认收到申请和材料的通知。 此外,国务院证实,正在努力使其在线平台现代化,并指出目标是在2017年春天,建立一个全新的门户网站. 此网站包括所有目前可用的独立的在线功能,如签证费用账单支付,DS-260提交,案件状态查询,以及许多其他功能。

Posted in Department of State, EB-5, EB-5 Investment, Immigrant Visa, Visa

Many of the mainland China born EB-5 investors recently noticed that they no longer had access to the National Visa Center (NVC) online platform for the purposes of immigrant visa fee bill payment, access to immigrant visa (DS-260) applications, as well as other functions.  NVC has confirmed that it is using the Dates for Filing… Continue Reading