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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: I-829

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

On March 3, 2017, the USCIS Immigrant Investor Program Office (IPO) held an EB-5 Stakeholder Engagement in which several important updates to the program were provided. “Unofficial” Statistics for Fiscal Year 2017 From October to December 2016, USCIS saw a surge in petition filings, likely due to an upcoming sunset in the EB-5 regional center… 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 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 EB-5 Processing Times, USCIS

On July 14, 2016, USCIS released updated processing times for the Immigrant Investor Program Office (IPO). The updated processing times are as follow: Form I-526 Immigrant Petition by Alien Entrepreneur:  16.6 months Form I-829 Petition by Entrepreneur to Remove Conditions:  20.1 months Form I-924 Application for Regional Center:  9.9 months Processing times for I-829 petitions… Continue Reading

Posted in EB-5 Job Creation

It’s often said that an EB-5 investment must create 10-full time jobs for U.S. citizens or lawful permanent residents. But that statement is only partially true, and overlooks many of the nuances of proving adequate and sufficient job creation in the two types of EB-5 filings, direct EB-5 petitions and regional center petitions. Further, critics… Continue Reading

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

The USCIS Immigrant Investor Program Office (IPO) held its first stakeholder engagement of 2016 on Feb. 3. Primarily speaking for USCIS were Nicholas Colucci, Chief of the IPO, Julia Harrison, Deputy Chief of the IPO, and Laurie McKenzie, the new Division Chief of Policy and Performance. Processing Times and Backlog Reduction Issues As has been… Continue Reading

Posted in EB-5 Program, I-924, USCIS

USCIS recently held a stakeholders teleconference as part of its informational series, EB-5 Interactive. The main topic of the teleconference concerned the “time to file” for the Form I-924A, which must be filed annually in order to demonstrate continued eligibility for designation as a regional center. It is increasingly important to focus on the submission… 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 Immigrant Investor, USCIS

On June 4, 2015, USCIS’ Immigrant Investor Program Office (IPO) hosted a stakeholder engagement to discuss expenses that are, or are not, includable for job creation under the EB-5 program. This engagement is part of the IPO’s EB-5 interactive series, which covers in depth topics and provides an informative discussion for EB-5 stakeholders. As stated… Continue Reading

Posted in I-829, USCIS

USCIS has issued a new Form I-829, Petition by Entrepreneur to Remove Conditions, with an edition date of May 7, 2015. Starting on Aug. 15, 2015, USCIS will only accept this edition. The new I-829 consists of 13 pages of instructions and an 11-page form to be completed. There are a few important highlights of… 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 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 I-526, I-829, I-924, USCIS

On July 17, 2014, 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 May 31, 2014: Form Processing Timeframe as of May 31, 2014 I-526, Immigrant Petition by Alien Entrepreneur 13.2 months I-829, Petition by… Continue Reading

Posted in EB-5 Program

Processing Times Improvement. This year we saw the establishment of the EB-5 program office in Washington, DC. I-924 transfers to the new program office have resulted in decreased processing times for initial regional center application as well as amendments. However, I-526 petitions and I-829 petitions are at an all-time slowdown and are now taking 18… Continue Reading

Posted in Regional Center

For regional centers and project companies, jobs created through construction represent a path of least resistance for obtaining approval for I-924 applications, I-526 petitions and I-829 petitions by USCIS.  The reason is two-fold: (1) projects usually meet or exceed the construction budget and the jobs are thereby deemed created at the I-829 stage; and (2)… Continue Reading

Posted in EB-5 Program, Speaking Engagement

Greenberg Traurig had the most representatives of any law firm at the EB5Investors.com 2013 Southern California conference. The EB-5 conference took place Monday, July 15, at the Balboa Bay Club & Resort in Newport Beach, California. The conference is the premier EB-5 stakeholder and dealmaker conference each year. In addition to the organizers, our own… Continue Reading

Posted in EB-5 Investment

Laura Reiff and I traveled to Shanghai this past week to meet with various migration agents, investors and regional center project companies. We gained some key insight from our time on the ground.

Posted in EB-5 Program, EB-5 Project, Non-Regional Center, Regional Center

Federal immigration laws require employers to verify the identity and work eligibility of their new hires by completing what is known as a Form I-9, Employment Eligibility Verification, for every employee. Forms I-9 must be completed for every new hire within his/her three days of employment. During the I-9 process, employees must present to the individual completing… Continue Reading

Posted in Non-Regional Center

Issues such as documenting the lawful source of funds and tracing from the investor to the new commercial enterprise are common in individual and regional center EB-5 petitions. However, when it comes to individual EB-5s there are many unique and complex issues that the attorney must deal with. These include determining if the investment entity… Continue Reading