Greenberg Traurig’s Laura Reiff and Kate Kalmykov were recently recognized by Human Resource Executive, in a report researched by the Lawdragon organization for their work in immigration law. For the seventh consecutive year, the “Nation’s 20 Most Powerful Employment Attorneys – Immigration” list includes Laura Foote Reiff and a first time appearance in the publication’s list… Continue Reading
On June 14, 2017, USCIS issued a notice that it had revised its Policy Manual as it relates to the job creation and “at risk” requirements for EB-5 investors. USCIS’ announcement can be found here. For the first time USCIS is expressly permitting what is known as “redeployment,” which is the use of EB-5 capital… Continue Reading
As of May 26, 2017, USCIS is processing Form I-924 applications filed on or before Sept. 16, 2015. This reflects a greater than 20-month processing time for Form I-924. This is most likely the longest processing time in the history of the Regional Center EB-5 Program, and is certainly the longest processing time USCIS has… Continue Reading
USCIS recently announced the release of a new edition of Form I-829, with the new edition dated April 21, 2017. Starting on July 24, 2017, USCIS will only accept the April 21, 2017, edition. Until then, investors can use the May 7, 2015 edition. Both editions of Form I-829 are available to download at no… Continue Reading
Kate Kalmykov participated in a press conference that discussed common issues facing nationals of China who apply for EB-5 visas. Specifically, she discussed how the current visa backlog may affect EB-5 visa applications moving forward and the legislative outlook for 2017.
For the third year in a row, Greenberg Traurig Attorneys Kate Kalmykov and Laura Reiff were honored to receive the “Summit Ambassador Award” awarded by Invest in America during the summit in Shanghai on May 6.
On May 6, 2017, Greenberg Traurig’s EB-5 team attended the 2017 Invest in America Summit events in Shanghai to kick off the largest U.S.-themed investment conference and exhibition in China. The Summit was held in four major Chinese cities: Shanghai, Shenzhen, Beijing, and Guangzhou. Invest in America welcomed U.S. investment projects, regional centers, real estate… Continue Reading
On Thursday, May 25, the U.S. Court of Appeals for the Fourth Circuit, in an en banc decision, affirmed a nationwide preliminary injunction on President Trump’s revised travel ban that was issued March 16, 2017, by a U.S. District Court judge in Maryland. President Trump’s new executive order (EO), “Protecting the Nation from Foreign Terrorist… Continue Reading
The Omnibus bill that will continue to fund the federal government until Sept. 30, 2017, was passed in both the House of Representatives and the Senate on May 4, 2017, and was signed by the president on May 5, 2017. Of note, the bill continues a provision that will extend the EB-5 Regional Center Program as-is… Continue Reading
Congress is poised to extend the EB-5 Regional Center Program through Sept. 30, 2017, without any changes. The House Appropriations Committee submitted a proposal on Continuing Appropriations in the early morning of May 1, 2017. We expect the Omnibus Appropriation bill to proceed to House Rules Tuesday, May 2, with a vote on the House floor… Continue Reading
A Continuing Resolution (CR) has been filed as of last night, April 26, 2017, to serve as a vehicle to extend government operations through May 5, 2017, thus preventing a government shutdown. The CR may be signed as early as tonight, subject to ongoing negotiations. If signed, it will extend the EB-5 program as-is until… Continue Reading
U.S. Citizenship and Immigration Services (USCIS) announced on April 19, 2017 that the agency will begin issuing revamped Permanent Resident Cards (commonly referred to as “green cards”) and Employment Authorization Documents (EAD Cards) as a part of the Next Generation Secure Identification Document Project, a multi-agency initiative aimed at modernizing security measures through advanced biometrics technologies…. Continue Reading
On April 18, 2017, President Donald Trump signed an Executive Order (EO) titled “Buy American and Hire American.” The stated purpose of this EO is to protect the American economy by having the U.S. government and agencies focus on purchasing goods made in America, and to also protect American workers. The first part of the EO includes… Continue Reading
Greenberg Traurig’s Business Immigration & Compliance Practice and two of the group’s attorneys were included in the 2017 Chambers Global Guide. The 2017 guide includes 37 Greenberg Traurig attorneys and 23 practice areas. According to its website, Chambers and Partners selects attorneys and practices for inclusion based on thousands of interviews with practicing lawyers and clients around the… Continue Reading
As April 28, 2017, approaches we are seeing the release of edits to proposed draft bills from the last session of Congress. Just today, Senator Patrick Leahy (D-VT) and Senator Charles Grassley (R-IA) circulated a staff draft very similar to what was circulated in December 2016. We do expect to see other drafts being circulated from… Continue Reading
USCIS recently announced the release of a new edition of Form I-526, with the new edition dated 04/10/2017. Starting on June 9, 2017, USCIS will only accept the 04/10/2017 edition. Until then, investors can use the 12/23/2016 edition. Both editions of Form I-526 are available to download at no cost on the USCIS website. Investors… Continue Reading
The Business Immigration & Compliance Practice of Greenberg Traurig, LLP is pleased to announce that Jennifer Hermansky has been elevated to shareholder in the Philadelphia office. Hermansky focuses her immigration practice on both employment-based and family-based immigration. Specifically, she focuses her practice on EB-5 immigrant investor visas. She has prepared and filed many immigrant investor… Continue Reading
Kate Kalmykov recently presented at the 2017 Invest in America Summit in Shenzhen, China. Kalmykov’s panel discussion “EB-5 Immigrant Investor Program Under New Immigration Policies” provided an overview of the basics of EB-5 and what to expect in the coming year.
USCIS announced on March 21, 2017 the launch of its EB-5 Regional Center Compliance Audit Program (Audit Program). The Regional Center Compliance Audit partially clarifies what USCIS has spoken about in public at stakeholder engagements, which is the eventual use by USCIS of site-visits to verify information submitted in EB-5 petitions. There appears to be… Continue Reading
EB-5投资移民的一个关键要求是需要每个投资人以优势证据（“preponderance of evidence”）表明，他们投资到新商业企业的资金来自合法来源。由于许多国家的货币限制，投资人可能会通过私人资金交换的方式来与第三方互换货币。这种类型的私人货币兑换和在中东流行的“哈瓦拉”系统可能比较相似。 在典型的EB-5货币互换中，投资人将以本地货币转入第三方（实体或自然人）的账户中。然后，第三方再以等额的美元资金转入投资人的海外账户。投资人然后把收到的美元投资到一个新的商业企业。该投资人将妥善记录此货币互换交易，并提交I-526请愿书。通常情况下，投资人并没有提供关于第三方资金来源的任何信息. 直到最近，美国移民局并没有质疑协助货币互换的第三方的资金来源。不过，美国移民局似乎已经改变了内部政策，并已开始对每个使用第三方协助资金交换的案件发出补件要求。该政策似乎针对所有第三方，无论是实体还是自然人。因此，已经提交I-526申请，但未提供文件证明第三方资金来源的投资人应开始考虑，并为可能发出的补件要求做准备。尚未提交I-526申请，但打算使用第三方资金交换方式来将货币转到美国的投资人应考虑收集有关第三方资金来源的文件，这样可能有助于减少收到补件要求的可能性。
A crucial requirement of the EB-5 Program is that each individual demonstrate by a preponderance of evidence that the monies invested in a new commercial enterprise were derived from a lawful source. Due to currency restrictions in many foreign countries, individuals may swap currency in a private exchange of funds. This type of private currency… Continue Reading
Greenberg Traurig’s Business Immigration & Compliance practice was recently listed by JD Journal as one of New York City’s top immigration law firms. JD Journal is a recognized legal resource, providing legal news and law firm news for attorneys, lawyers, law students, paralegals, law firms, and other legal professionals. Greenberg Traurig’s Business Immigration & Compliance… Continue Reading
On March 15, 2017, the day before President Trump’s new Executive Order (EO) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” went into effect, a federal judge in Hawai’i issued a nationwide temporary restraining order (TRO) blocking the implementation of the EO. This EO, issued on March 6, 2017, revoked and… Continue Reading
The Immigrant Investor Program office (IPO) has decided to hold in abeyance I-526 Petitions until the adjudication of an associated Exemplar I-924 Petition, even when an associated I-526 Petition is past posted processing times. This has had a particularly detrimental effect on I-526 Petitions filed prior to Sept. 30, 2015, when there was a surge… Continue Reading