As the 2024 federal fiscal year concludes, the U.S. Department of State (DOS) has released its highly anticipated October 2024 visa bulletin, ushering in the start of federal fiscal year 2025 and, with it, new immigrant visa numbers. For intending immigrants with backlogged priority dates, the annual influx of new immigrant visa numbers often offers
Kate Kalmykov, Co-Chair of Greenberg Traurig’s Immigration and Compliance Practice, recently appeared on the Voice of EB-5 podcast for an in-depth discussion with host Ali Jahangiri on her nearly two-decade career in the area of EB-5. She also spoke regarding program changes following the implementation of the EB-5 Reform and Control Act of
The new Form I-956 and I-956 H contain a series of certifications and detailed personal information requirements with respect to the integrity and backgrounds of the owners, operators, and officers of the Regional Centers administering investments. These certifications will be reviewed by USCIS and require Regional Center applicants to appear for biometrics. The biometrics will
As discussed on this blog previously, a lawsuit challenging certain EB-5 regulations was successful on June 22, as Magistrate Judge Jacqueline Scott Corley of the U.S. District Court for the Northern District of California ruled that the regulations were not lawfully promulgated because then-acting Department of Homeland Security (DHS) secretary Kevin McAleenan was not
President Biden’s Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” promotes the efficient and fair adjudication of immigration benefits by applying deference to previous adjudications as a significant mechanism in the adjudication of new petitions or applications. Generally, USCIS now should defer to
On Nov. 26, 2019, a complaint for Injunctive Relief and a Temporary Restraining Order was filed by Florida EB-5 Investments, LLC against the Department of Homeland Security (DHS) challenging a Nov. 21, 2019, DHS-issued final rule amending its regulations for the EB-5 program to purportedly modernize the rules (EB–5 Immigrant Investor Program Modernization, 84 Fed.
As previously blogged (see EB-5 Regulations Published for Public Inspection), the EB-5 regulations have been published as of July 24, 2019, as final, to take effect Nov. 21, 2019. Below is a summary of the changes that will impact the EB-5 program:
The Department of Homeland Security (DHS) has issued a notice of proposed rulemaking to be published on January 13, 2017 to amend the regulations in relation to the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers. The purpose of the proposed amendments is to modernize the EB-5 program. DHS will accept comments
Two members of the Senate introduced The American Job Creation and Investment Promotion Reform Act, S. 1501, in June 2015. The bill has many provisions seeking to provide reform to the program, including provisions for integrity measures, increased capital investment amounts, and provisions to redefine Targeted Employment Areas (TEAs).
Under current law, a TEA is
On March 6, 2014, Representative Jared Polis (D-CO), along with Representative Joe Garcia (D-FL), Representative Matt Salmon (R-AZ) and Representative Mark Amodei (R-NV), introduced The American Entrepreneurship and Investment Act of 2014. A copy of the bill and an official Section by Section overview have been made available.
The legislation would, among the other items listed below, make the Regional Center program permanent and improve the program by addressing key administrative and substantive concerns. Some of the specific proposals in the bill include: