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EB-5 Insights

Where Government Policies and Business Realities Converge

By Laura Foote Reiff and on Posted in EB-5

On March 14, 2019, the EB-5 Investment Coalition, in cooperation with Invest in the USA (IIUSA), released the most comprehensive economic analysis of the EB-5 program to date. Laura Reiff, co-chair of Greenberg Traurig’s Immigration & Compliance Practice, commented on the report: “Without the typical data limitations and constraints on economic analysis, premier industry economists measured and determinized the billions of dollars in economic activity created by EB-5.  At a time of needed reauthorization and legislated reforms, we hope to present this data to the Administration and Congress to help make sound economic-based reforms to this vital economic engine and job-creating EB-5 program.”

For more on EB-5 and job creation, click here.

For more on EB-5 and the economy, click here.

˘ Not admitted to the practice of law

By Greenberg Traurig on Posted in Awards & Recognitions

Global law firm Greenberg Traurig, LLP elevated environmental attorney Jillian C. Kirn and business immigration attorney Nataliya Rymer to shareholder. The firm also announced the elevation of litigation attorney Gregory T. Sturges to of counsel. All three attorneys are based in the firm’s Philadelphia office.

To read the full press release, click here.

By Greenberg Traurig on Posted in Awards & Recognitions, Chambers Global, Immigration Law

Global law firm Greenberg Traurig, LLP has 37 attorneys recognized in the 2019 edition of the prestigious legal services directory, Chambers Global. In addition, 13 practices were ranked across seven regions including Immigration and Compliance. Laura Reiff and Martha Schoonover were ranked under USA Immigration: Business.

To read the full GT press release, click here.

By Robert Y. Maples˘ on Posted in EB-5 Modernization Rule, Office of Management, OMB, RIN 1615-AC07

On 2/22/19, USCIS forwarded the EB-5 Immigrant Investor Program Modernization final rule (RIN 1615-AC07) to the Office of Management

AGENCY: DHS-USCIS RIN: 1615-AC07 Status: Pending Review
TITLE: EB-5 Immigrant Investor Program Modernization
STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 02/22/2019 LEGAL DEADLINE: None

 

OMB will now begin assessment of the final rule produced by the agency via the review and comment period.

OMB is under no timetable for their review.

Please check back as we will update when additional information becomes available.

By Robert Y. Maples˘ on Posted in E-Verify, EB-5, EB-5 Program, Government Shutdown, President Trump's Administration

Congress approved the Omnibus Appropriations legislation on Feb. 14, 2019.  On Feb. 15, the president signed the legislation into law and announced additional executive actions to further address needs the Administration has identified at the southern border.

Now, all 12 Appropriations bills for this fiscal year are complete and extended through Sept. 30, 2019, and Congress may return to its agenda without concern for any further Appropriations-related government shutdowns or lapses in critical programs such as EB-5, E-Verify, and others.

For more on the government shutdown, click here.

˘ Not admitted to the practice of law

By Robert Y. Maples˘ on Posted in EB-5, Government Shutdown

Late on Feb. 13, 2019, House and Senate Conferees on the Department of Homeland Security (DHS) Appropriations announced an agreement on DHS Appropriations for FY 2019 and the remaining six other outstanding FY 2019 Appropriations measures. The measure, HJ Res 31, or “the Omnibus,” is over 1,000 pages and deals with many areas of government, ranging from agriculture to transportation, among others.

Of particular importance to our readers, the EB-5 Immigrant Investor Program is extended until Sept. 30, 2019, in the following passage:

DIVISION H-EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS TITLE I

IMMIGRATION EXTENSIONS

SEC. 104. Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 B.SC. 1153 note) shall be applied by substituting “September 30, 2019” for “September 30, 2015”.

The Conference agreement and legislative package must now be presented and passed by the Senate and House and agreed to by the president before midnight on Feb. 15 to avoid a government shutdown.

Please check back, as we will continue to provide updates on significant developments. For more on the government shutdown, click here.

˘ Not admitted to the practice of law

By Greenberg Traurig on Posted in Awards & Recognitions

Kate Kalmykov, an Immigration & Compliance shareholder the New Jersey office of global law firm Greenberg Traurig, LLP, has been recognized as one of NJBIZ’s “2019 Best 50 Women in Business.” According to NJBIZ’s website, the award honors women business leaders that are prominent in their companies and industries, as well as their communities. The honorees are front-runners shaping the cultural and economic future of New Jersey.

To read the full press release, click here.

By Greenberg Traurig on Posted in China, Chinese New Year, General

Greenberg Traurig’s EB-5 team would like to thank our clients, colleagues, and fellow EB-5 industry members for another successful year. We look forward to working with each of you in 2019.

By Lou Metsu˘ and on Posted in China, H-1B, Immigration, Immigration Law, L visa, State Department, U.S. State Department

The Department of State (DOS) and Mission China announced that changes have been made to consolidate the processing in China of H and L visa applications for foreign nationals seeking to work in the United States. Starting March 1, 2019, all interviews for H and L visas will be conducted only at the U.S. Embassy Beijing, U.S. Consulate General Guangzhou, and U.S. Consulate General Shanghai. The U.S. Consulate General Chengdu and U.S. Consulate General Shenyang will no longer be conducting H or L visa interviews. These changes are a result of the volume and complexity of H and L visa petitions, and will ensure adequate resources and expertise are effectively applied in reviewing the petitions.

H-1B, Specialty Occupation, is a visa that allows U.S. companies to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. Specialty occupation fields include, but are not limited to: architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

L-1A, Intracompany Transferee Executive or Manager, is a visa classification that allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. The L-1A visa also allows a foreign company, which may not already have an affiliated U.S. office, to send an executive or manager to the U.S. with the purpose of establishing one.

L-1B, Intracompany Transferee Specialized Knowledge, allows a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interest from one of its affiliated foreign offices to one of its U.S. offices. The L-1B visa also allows a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States with the purpose of establishing one.

GT will continue to monitor and report on changes in consular processing that can impact the visa application process.

To read more on U.S. business immigration developments as relates to China, click here.

˘ Not admitted to the practice of law

By Robert Y. Maples˘ on Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5

As a continuation of an earlier posting, the U.S. Senate initiated a process by voice vote opening the US Government through February 15, H.J. Res 28, and providing for House and Senate consideration of Department of Homeland Security Appropriations, H. J. Res 31.   These actions will provide funding for all remaining Appropriations bills subject to the recent lapse.  This action will also re-start suspended vital immigration programs such as the EB-5 Immigrant Investor Regional Center Program, E-Verify, Conrad 30 Waiver Program for J-1  medical doctors and Non-minister religious workers programs.

The House passed the legislative package by Unanimous Consent later in the evening.  The House will forward the legislation to the President wherein he is expected to sign (per media reports) the package into law.

Please check back as we will be posting additional information regarding the US Government re-starting of operations.