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Category Archives: EB-5 Immigrant Investor Program

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

In a June 14, 2017 policy alert, USCIS updated its Policy Manual to provide further guidance regarding capital at risk requirements. Pursuant to the most recent Volume 6 of the Policy Manual, USCIS has confirmed and clarified that an EB-5 investor’s funds must sustain his or her investment “at risk” throughout the two-year conditional permanent… Continue Reading

Posted in EB-3, EB-5, EB-5 Immigrant Investor Program, Visa, Visa Bulletin

The Department of State (DOS) February 2019 Visa Bulletin shows considerably more movement in employment-based categories than in January. The EB-1 category will advance two months in all countries, with China and India advancing to Feb. 8, 2017, and all other countries moving forward to Dec. 1, 2017. The EB-2 category will remain current for all… Continue Reading

Posted in Department of State, EB-5, EB-5 Immigrant Investor Program, EB-5 Program, Government Shutdown, shutdown, USCIS

As we alerted previously, the U.S. federal government shut down at the end of the day on Dec. 21, 2018. Because the EB-5 regional program was not extended, government agencies such as USCIS and the U.S. State Department will no longer be able to approve adjustment of status (green card) applications and immigrant visas based on… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, Eb-5 Regional Center, I-526, Immigrant Investor, USCIS

As an update to our blog on Dec. 24, USCIS has since clarified that while the EB-5 Regional Center Program expired at the end of the day on Dec. 21, 2018, due to a lapse in congressional authorization to continue the program, USCIS will continue to receive regional center-affiliated Forms I-526, Immigrant Petition by Alien… Continue Reading

Posted in Department of State, EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, EB-5 Program, Government Shutdown, I-526, I-829, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, NOID, RFE, shutdown, USCIS

The U.S. federal government shut down at the end of the day on Dec. 21, 2018, and the president did not sign into law the extension of the EB-5 program passed by the Senate. Until the shutdown ends, and the Regional Center EB-5 program extension is signed into law, no new I-526 petitions can be… Continue Reading

Posted in EB-3, EB-5, EB-5 Immigrant Investor Program, Visa, Visa Bulletin

The Department of State (DOS) January 2019 Visa Bulletin has resulted in mixed bag of retrogression for some and advancement for others. The EB-1 category moved forward approximately 3 months across the board. EB-3 China and India are both now at Dec. 15, 2016.  The EB-2 category showed minor improvement for China to Aug. 1, 2015,… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Legislation, EB-5 Program, GT Alert, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, USCIS, Visa

In the matter of Huashan Zhang, et al. v. United States Citizenship and Immigration Service, et al. (United States District Court for the District of Columbia, Nov. 30, 2018), plaintiffs challenged the decisions of the United States Citizenship and Immigration Service (USCIS) to deny their EB-5 immigrant investor visa petitions based upon USCIS’ erroneous interpretation… 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 Continuing Resolution (CR), EB-5, EB-5 Immigrant Investor Program

Yesterday, by a bipartisan vote of 93-7, the U.S. Senate passed H.R. 6157, making appropriations for the Department of Defense and Labor, Health and Human Services, Education and related agencies and providing for continuing appropriations until Dec. 7 for other programs, including EB-5 immigrant investor program extension.   This appropriations package funds the two largest… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, I-829, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, USCIS, Visa

This is the fifth post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for permanent residence and I-829 Petition approval. This blog focuses on accepting certain public benefits that may make an investor and/or his or her dependents a “public charge.” The Trump Administration has stated that USCIS will start… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, Tax Considerations, Visa

This is the fourth post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for permanent residence and I-829 Petition approval. This blog focuses on criminal issues and tax issues. President Trump’s Executive Order, along with a Department of Homeland Security (DHS) implementation memorandum, prioritizes removable aliens who: Have been convicted… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, EB-5 Program, Immigrant Investor, Immigration, Immigration Law, Immigration Reform, President Trump's Administration, U.S. Customs and Border Protections, USCIS

As we previously reported, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum entitled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens”[1] on June 28, 2018.  This Policy Memorandum was issued in response to President Trump’s Executive Order (EO), “Enhancing Public… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, President Trump's Administration, USCIS

EB-5 investors should maintain their eligibility for conditional permanent resident status, especially during any period of visa backlog occurring in between the time of I-526 Petition approval and when the investor’s priority date becomes current. This is the second post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, EB-5 Program, Eb-5 Regional Center, I-526, Immigration, Immigration Law, USCIS

On Aug. 24, 2018, U.S. Citizenship and Immigration Services (USCIS) made a significant update to its Policy Manual, Part G: Immigrant Investors. In its Policy Alert, USCIS outlined the changes to the Policy Manual. Notable among the updates was the following: Policy Highlight 5 Explains that USCIS considers a change in regional center affiliation a… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Program, Executive Order, Green Cards, Immigrant Visa, Immigration, Immigration Law, President Trump's Administration, USCIS

As we previously reported, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum entitled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens” on June 28, 2018. This Policy Memorandum was issued in response to President Trump’s Executive Order (EO), “Enhancing Public Safety… Continue Reading

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

Today, the U.S. Senate Committee on the Judiciary held an oversight hearing on the Immigrant Investor EB-5 program.  The well-attended full committee hearing focused on reported fraud within the current program and the path forward for EB-5.  The sole witness was USCIS Director Francis Cissna. There were a few takeaways from the hearing, including: Director… Continue Reading

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

Today, the Office of Management and Budget via the Office of Information and Regulatory Affairs published the Spring Unified Agenda of Regulatory and Deregulatory Actions . This bi-annual publication informs the public of regulations under consideration or planned by federal agencies.  Agencies are not bound by these postings, but transparency in the rulemaking process is… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, I-829, Immigrant Investor, USCIS

Due to a recent system conversion at the United States Citizenship and Immigration Services (USCIS), all I-829 receipt notices and ASC Appointment notices are now delayed 90 days or more.  This may be dismaying for many EB-5 investors and their dependent family members who may have waited a long time to reach this final step… Continue Reading

Posted in Department of Homeland Security, EB-5 Immigrant Investor Program, USCIS

On Jan. 17, The Center for Regulatory Effectiveness (The CRE), a Washington D.C. administrative watchdog group, filed a petition with the Department of Homeland Security to reform the EB-5 program to create jobs in rural America and areas of high unemployment.  In making the announcement, The CRE posted:

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

Congress is poised to extend the EB-5 Regional Center Program through Sept. 30, 2017, without any changes. The House Appropriations Committee submitted a proposal on Continuing Appropriations in the early morning of May 1, 2017.  We expect the Omnibus Appropriation bill to proceed to House Rules Tuesday, May 2, with a vote on the House floor… 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