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Category Archives: I-526

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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 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 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 China, Department of State, Eb-5 Regional Center, I-526, USCIS, Visa, Visa Bulletin

On Sept. 21, 2016, USCIS confirmed that the Dates for Filing Chart in the October 2016 Visa Bulletin should be used to determine eligibility to file both family-based and employment-based Adjustment of Status (AOS) applications. As we’ve previously reported, the Dates for Filing chart (also referenced as Chart B) of the U.S. Department of State’s… Continue Reading

Posted in EB-5 Investment, EB-5 Project, I-526, I-924, Regional Center, USCIS

One of the purposes of Form I-924 is to file an exemplar for a specific EB-5 investment project. In so doing, a Regional Center seeks a preliminary determination of EB-5 compliance for a project prior to the commencement of I-526 filings by individual investors so as to have greater assurance that investors will not encounter… Continue Reading

Posted in EB-5 Program, I-526, I-829, I-924, Regional Center, USCIS

At its July 28, 2016 stakeholder engagement, USCIS Immigrant Investor Program Office (IPO) Chief Nicholas Colucci focused his opening remarks on USCIS’s efforts to enhance the IPO’s adjudication capabilities, the office’s commitment to conducting program oversight and promoting program integrity, and the role of the designated regional center in maintaining program integrity. Before delving into a… Continue Reading

Posted in Department of Homeland Security, I-526

On July 11, the Department of Homeland Security (“DHS”) issued a notice of proposed revision of a currently approved collection of information as it relates to Form I-526.  Comments will be accepted for 60 days, until September 9, 2016.  In particular, written comments and suggestions should address the following points: Evaluate whether the information collected… Continue Reading

Posted in I-526, I-829, Uncategorized, USCIS

Today USCIS released performance data on I-526 and I-829 petitions.  The data provides an overview across several segments for case status (received/approved/denied/pending) for FY 2008 through FY 2015.  Data for FY 2015 is broken down by quarter. The chart below summarizes USCIS statistics on I-526 filings: Comparing this data to similar information in 2013 is… Continue Reading

Posted in I-526, I-829, I-924, USCIS

On August 31, 2015, USCIS released updated processing times for EB-5 related petitions.  The following chart provides the average processing times for cases being adjudicated by the Immigrant Investor Program Office (IPO) as of June 30, 2015: FORM Processing Timeframe as of June 30, 2015 I-526 13.5 months I-829 14.3 months I-924 11.8 months  … 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, 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 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 I-526, USCIS

Earlier this month, USCIS released updated processing times for EB-5 related petitions.  The following chart provides the average processing times for cases being adjudicated by the Immigrant Investor Program Office (IPO) as of October 31, 2014:  Form Processing Timeframe as of December 11, 2014 I-526 14.7 months I-829 8.6 months I-924 9 months   Based… 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