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EB-5 Insights Where Government Policies and Business Realities Converge

Category Archives: EB-5 Business Plan

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Posted in Department of Homeland Security, EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Industry stakeholder groups, EB-5 Investment, EB-5 Job Creation, EB-5 Legislation, EB-5 Modernization Rule, EB-5 Program, EB-5 Project, TEA, USCIS

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: Priority Date Retention: Generally, priority date retention can be retained from an approved I-526 petition… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Job Creation, EB-5 Legislation, EB-5 Program, Immigration Law, OMB, President Trump's Administration

Today, OMB posted that they have concluded their review of the Obama-era EB-5 regulations. On Jan. 13, 2017, the Department of Homeland Security published a notice of proposed rulemaking to significantly raise minimum investment levels and other programmatic changes to the EB-5 program (see related GT EB-5 Insights post here). It is unclear what specific actions… Continue Reading

Posted in China, Department of State, EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, USCIS, Vietnamese

At a recent EB-5 industry forum, Mr. Charles Oppenheim, Chief of the Department of State (DOS) Immigrant Visa Control & Reporting Division, provided key insights on what the latest data suggests regarding the future availability of visas in the EB-5 category. Top EB-5 Visa Users in FY2018: China, Vietnam, and India In terms of EB-5… Continue Reading

Posted in EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Legislation, EB-5 Program, Uncategorized

On Oct. 30, 2018, USCIS issued an update to the USCIS Policy Manual clarifying the types of agreements that constitute an impermissible debt arrangement. USCIS revised Part G, Volume 6, Chapter 2, Section A.2. to reflect various scenarios where an operating agreement of a new commercial enterprise will or will not constitute an impermissible redemption… Continue Reading

Posted in EB-5 Business Plan, EB-5 Investment

The EB-5 Program is a complicated decision that requires much thought, diligence, and preparation. In light of this, it is important for an investor to know their rights. With recent headlines highlighting the problems with some EB-5 projects, it is important for a potential investor to know that the EB-5 program does work and is a… Continue Reading

Posted in EB-5 Business Plan, EB-5 Job Creation, EB-5 Program, EB-5 Project, I-526, I-924

In a welcome bit of news for the EB-5 industry, USCIS released updated processing times dated as of April 30, 2014 which show USCIS is processing I-924 applications in approximately 4.4 months. Earlier this year, the processing of I-924 applications was moved to the new Immigrant Investor Program Office (IIPO) in Washington D.C. The new… Continue Reading

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

In 1998, the Administrative Appeals Office (“AAO”) issued a precedent decision known as Matter of Ho that set forth the requirements of an EB-5 compliant business plan.  According to Matter of Ho, as part of an I-526 petition an EB-5 investor must submit a comprehensive business plan demonstrating the following elements: A description of the  EB-5… Continue Reading