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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: Regional Center

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

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

Posted in Eb-5 Regional Center, I-924, Regional Center, USCIS

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

Posted in China, Department of State, Immigrant Visa, Immigration, Regional Center, Visa

国家签证中心,就已安排的移民面谈一事,联系了通过区域中心投资的EB-5移民签证申请人,告知他们,虽然目前为止已安排的移民签证面谈仍预计正常进行,申请人的面谈面临被取消的可能。由于即将到来的 9月30日区域中心项目的暂定截止日期,国家签证中心表示国务院将只有在国会将区域中心项目延期到9月30日之后才能继续发放移民签证。 如果已经安排的面谈时间超出区域中心项目的延期之外,面谈将会被取消,并且只能在国会继续延长该项目的情况下才能重新安排面试。如果项目获得延期,在今年10月的国务院签证公告中,EB-5类别的签证配额将会是”current”(有名额的),签证名额受到积压的地区除外,比如中国内地。 国会目前正在考虑EB-5区域中心项目延期的相关条款。需要更多有关区域中心项目继续授权和延期的最新动态,请订阅此博客。

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 Investment, EB-5 Program, Eb-5 Regional Center, Immigrant Investor

Yesterday, the leading EB-5 Trade Associations/Coalitions sent a letter to the Senate and House Judiciary Committee Leaders and Members expressing support for extending the EB-5 Regional Center Program and recommending concrete changes.  This is a decisive moment for the EB-5 Industry as the key members of the community are all speaking with one voice This… Continue Reading

Posted in Events

The EB-5 Investment Coalition will be hosting a legislative workshop in Washington, D.C. from April 12 to April 14, 2016, in order to continue the Coalition’s efforts to build the path to long-term EB-5 Regional Center Program Reauthorization.  The legislative workshop will include interactive and thoughtful roundtable discussions with experts in the EB-5 industry who will confront some… 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 USCIS

Recently, USCIS sent an e-mail alert from its Public Engagement Division to “remind” stakeholders that regional centers and related commercial enterprises should not contain the words “United States,” “U.S.,” “US” and “Federal” in their names. The e-mail alert claiming that the use of these words by themselves could imply a false relationship with the U.S…. Continue Reading

Posted in EB-5 Program, Visa Bulletin

2015年10月的签证排期表涵盖了一些重要变动和相关信息。首先,对已获批准的EB-5区域中心试行项目相关联的I-526申请签证全部显示“不可用”。排期表指出,目前签证数额“不可用”是由于国会对于EB-5区域中心试行项目还未进行复议。排期表进一步指出,在试行项目复核通过后,对除中国以外的其它国家签证数额将更新为“当前”,不会出现积压情况。对于中国的收件截止日期(cutoff date)已经提前到2013年10月8日。需要注意的是,这是美国国务院首次将等待国会复议的EB-5区域中心试行项目签证数额定为“不可用”,以往国务院会针对项目更新信息分别作出指导方针。 另一重要发展,则是国务院创建了两种类别的截止日期(代替了目前系统仅有一类别的截止日期)。 这两类截止日期将会出现在每月的排期表中,包括2015年10月的排期表。第一类截止日期是“最终通知”—目的在于标明裁定身份调整申请和移民签证申请的截止日期。第二类截止日期是针对递交身份调整申请的截止日期。国务院的这项新措施允许在美国境内持有有效临时签证的EB-5获批投资者,在“递交”日期截止前,递交身份调整申请。尽管在“最终通知”日期更新到“当前”之前移民局不会裁定申请,但申请一旦递交,外籍申请人便有资格获得身份调节申请的二级受益,包括在美工作许可文件和“回美证”(即申请绿卡的外籍人士在离开美国一段时间后无需移民签证或非移民签证便可重新返美国的证件)。需要注意的是,虽然由于等待国会复议,“最终通知”类别截止日期目前显示EB-5试行项目签证数额为“不可用”,而对除中国以外的国家,“递交”类别的优先期都显示“当前”,“递交”类别的截止日期显示为2015年5月1号。  

Posted in EB-5 Program, Regional Center

With the looming September 30, 2015 expiration date fast approaching, leading EB-5 stakeholders including The Real Estate Roundtable, the U.S. Chamber of Commerce, and the EB-5 Investment Coalition drafted a letter outlining the key principles for EB-5 reform and reauthorization of the EB-5 regional center investment program to Congressional Leaders.  To view the letter, please… Continue Reading

Posted in EB-5 Program

The U.S. Securities and Exchange Commission (“SEC”) filed a civil fraud suit on August 24, 2015 against a Seattle developer, who had raised $125 million under the EB-5 program.  The developer is also the Chief Executive Director of an approved Regional Center under the EB-5 program.  The Regional Center targets investments into real estate development… Continue Reading

Posted in EB-5 Program, Regional Center, USCIS

As previously reported, since January 2015 USCIS has maintained a webpage listing the EB-5 Regional Centers that have had their designations terminated. As of June 4, 2015, USCIS has terminated 34 Regional Centers. A Regional Center’s participation in the EB-5 Immigrant Investor Program can be terminated by USCIS for several reasons under the regulations found… Continue Reading

Posted in Comprehensive Immigration Reform

Greenberg Traurig EB-5 Attorney Laura Reiff recently published an article in eb5 investors magazine. The piece is entitled “The Tug of War Between the Hill and the Agency” and focuses on the recently released Office of the Inspector General (OIG) report for the Department of Homeland Security and its potential impact on the EB-5 Regional Center… Continue Reading

Posted in EB-5 Program, Immigrant Investor, Regional Center, Speaking Engagement

Greenberg Traurig, LLP will host the eighth event of the 2013 National EB-5 Finance Seminar Tour in Chicago on Tuesday, October 8th. The seminar will expose participants to a unique alternative financing opportunity for projects that lend themselves to the EB-5 immigrant investor program. The seminar includes a panel of attorneys in Greenberg Traurig’s Business… Continue Reading

Posted in Regional Center, USCIS

Cory Richards recently authored an article on EB5Investors.com’s blog entitled “Recent Decision from AAO”. The article outlines the Administrative Appeals Office’s (“AAO”) decision to overturn an United States Citizenship and Immigration Services (“USCIS”) denial of a Regional Center’s amendment for expansion of both geographic area and industry designation, which came as a surprise to many… Continue Reading

Posted in EB-5 Program, Regional Center, Speaking Engagement

Attorney Kate Kalmykov will serve as a panelist at a luncheon hosted by the Mortgage Bankers Association of New York (MBANY) entitled “How To Use EB-5 Financing In A Credit Restricted Market”. The event will be held on Tuesday, September 10th from noon to 2 p.m. at the Harvard Club on 35 West 44th Street…. Continue Reading

Posted in EB-5 Program, Immigrant Investor, Regional Center, Speaking Engagement

Greenberg Traurig, LLP will host the seventh event of the 2013 National EB-5 Finance Seminar Tour in Los Angeles on Thursday, September 26th. The seminar will expose participants to a unique alternative financing opportunity for projects that lend themselves to the EB-5 immigrant investor program. The seminar includes a panel of attorneys in Greenberg Traurig’s… Continue Reading

Posted in EB-5 Program, Immigrant Investor, Regional Center

Kate Kalmykov and James Cormie recently published an article on EB-5Investors.com outlining the announcement that the Bureau of Economic Analysis (BEA) will no longer produce the Regional Input-output Modeling System II (RIMS II) that many economists rely on when calculating Regional Center jobs. This update introduces new economic methodologies for EB-5 economists when estimating the… Continue Reading

Posted in Immigrant Investor, Regional Center, Securities Law, Speaking Engagement

Greenberg Traurig, LLP will host the sixth event of the 2013 National EB-5 Finance Seminar Tour in Denver on Wednesday, July 31st. The seminar will expose participants to a unique alternative financing opportunity for projects that lend themselves to the EB-5 immigrant investor program. A panel of attorneys in Greenberg Traurig’s Immigration & Compliance Practice… Continue Reading

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

We are often asked by regional center clients if there is any way to speed up the EB-5 application process, either at the I-526 stage or the I-924 stage.  USCIS will expedite either Form I-924 or Form I-526 if the application meets the USCIS “expedite criteria.”  The expedite criteria are: Severe financial loss to a… Continue Reading

Posted in EB-5 Program, Inspector General, Regional Center

Last week, I travelled to the Bahamas to speak at the American Immigration Lawyers Association’s EB-5 conference.  Without a doubt, USCIS’ change in position regarding the ability of regional centers to count jobs generated from tenants was a concern for many stakeholders in attendance and was addressed during numerous conference panels.  The new stance on the tenant occupancy economic methodology has… Continue Reading

Posted in Regional Center

I often speak with clients who are ready to proceed with implementing a new project under the auspices of their regional center or adopting a project from an outside developer or organization. However, in most instances they are unaware that they may need to file an amendment to their regional center designation before they can… Continue Reading