According to multiple media sources and independently confirmed, last week U.S. Senator Rand Paul (R-KY) circulated a “Dear Colleague” letter seeking co-sponsors to a process called the Congressional Review Act (CRA) to negate the recently proposed Obama-era EB-5 regulations. The CRA provides Congress with a 60-day window to seek sufficient support – here, 30 senators… Continue Reading
Category Archives: EB-5 Investment
Subscribe to EB-5 Investment RSS FeedEB-5 Regulations Summary
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, USCISAs 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
New EB-5 Regulations: Winners and Losers
Posted in Department of Homeland Security, EB-5, 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 Processing Times, EB-5 Program, EB-5 Project, I-526, I-829, I-924, UncategorizedAfter years of delay the Obama-era EB-5 immigration regulations were published on July 24, 2019. You can find a copy of the regulations at this link. You can also find a summary of them here. The regulations only apply to those who file their I-526 Petitions on or after Nov. 21, 2019. Without further ado,… Continue Reading
EB-5 Regulations Published for Public Inspection
Posted in Department of Homeland Security, EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Legislation, EB-5 Modernization Rule, EB-5 Program, USCISAfter more than two and a half years, Obama-era EB-5 immigration regulations are set to be published on July 24, 2019, with an effective date 120 days after publication or Nov. 21, 2019. See EB-5 Immigrant Investor Program Modernization. These regulations have been opposed by many industry participants, as evidenced in a letter to Congressional Leadership… Continue Reading
OMB Completes Review of Obama-Era EB-5 Regulations
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 AdministrationToday, 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
USCIS International Offices to No Longer Accept Form I-407 Starting July 1, 2019
Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, Form 1-407, Immigrant Investor, Immigrant Visa, USCISStarting July 1, 2019, international offices of the U.S. Citizenship and Immigration Services (USCIS) will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Residence Status. On that date and going forward, all I-407 forms must be sent by mail to the address below. USCIS anticipates that processing of the form, from receipt… Continue Reading
Immigrant Entrepreneurship: An American Success Story
Posted in EB-5, EB-5 InvestmentOn June 4, 2019, the Kenan Institute released a timely policy brief, “Immigrant Entrepreneurship: An American Success Story,” on the value of highly skilled and motivated foreign entrepreneurs to the U.S. economy. The brief states, “When looking at the founding of the United States’ largest startups…[t]he immigrant-founded startups employ an average of more than 1,200 workers… Continue Reading
EB-5 Capital Redeployment: Top 10 Considerations for Investors When a Project Announces Redeployment
Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, UncategorizedIn 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
U.S. District Court for District of Columbia Issues Important Decision in Favor of EB-5 Investors
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, VisaIn 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
Updates on EB-5 Visa Retrogression
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, VietnameseAt 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
USCIS Updates Policy Manual Regarding Impermissible Debt Arrangements
Posted in EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Legislation, EB-5 Program, UncategorizedOn 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
OMB Publishes Fall 2018 Unified Agenda with EB-5 Regulatory Updates
Posted in Department of Homeland Security, EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Legislation, EB-5 Processing Times, EB-5 Program, EB-5 Project, Immigration, Immigration Law, Investment, Proposed Rule, Uncategorized, USCIS, USCIS Public EngagementToday, OMB published the bi-annual Unified Regulatory Agenda. This important transparency tool reflects agency rulemaking updates and plans for the immediate future. The updates are broad and encompass all areas of rulemaking. The dates provided by the agency are best thinking at the time and are subject to change. For purposes of this blog, we focus on EB-5… Continue Reading
Maintaining Eligibility for Permanent Residence for EB-5 Investors: Nonimmigrant Status
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, USCISAs 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
A Briefing on the EB-5 Investor Program
Posted in EB-5, EB-5 Investment, EB-5 Program, VisaOn Oct. 14, 2016, the U.S. Chamber of Commerce, the EB-5 Investment Coalition, and the Real Estate Roundtable hosted a briefing on the EB-5 Investment Program on Capitol Hill, with the objective of discussing and informing House and Senate staff members on the inner workings of the program and the potential impact the Dec. 9,… Continue Reading
国家签证中心将根据签证排期表中表B的截止日期来启动EB-5类别移民签证的案件处理
Posted in Department of State, EB-5, EB-5 Investment, Immigrant Visa, Visa许多中国大陆出生的EB-5投资者最近注意到，他们不再能够访问国家签证中心（NVC）的在线平台。 此在线平台的功能包括移民签证费账单的支付，移民签证（DS-260）的申请，以及其他功能。 国家签证中心已确认将使用每月签证公告的申请递件排期表（“表B”）来启动案件处理。10月份的签证排期公告显示，对于中国大陆出生的EB-5投资者，表B当前优先日的截止日期是2014年6月14日或更早。因此，国家签证中心表示不会处理优先日晚于10月签证排期公告中表B截止日期的案件。 这种在处理中国大陆出生的EB-5投资者的移民签证申请上的改变导致许多人无法继续进行在处理方式变更之前开始的DS-260申请，以及无法支付移民签证费用帐单，完成DS-260申请，或从国家签证中心收到确认DS-260申请的所有相关文件已被接收的通知。根据国家签证中心的指示，在今年10月，只有那些优先日期为2014年6月14日或更早的中国大陆出生申请人能够在被国家签证中心通知后继续移民签证处理程序。另外，每个月国家签证中心将通知那些优先日在签证排期表表B截止日期之前的申请人。重要的是，对于以前已经提交给国家签证中心但优先日在排期表表B截止日期之后而不能进行处理的案件，国家签证中心表示将给申请人发出确认收到申请和材料的通知。 此外，国务院证实，正在努力使其在线平台现代化，并指出目标是在2017年春天，建立一个全新的门户网站. 此网站包括所有目前可用的独立的在线功能，如签证费用账单支付，DS-260提交，案件状态查询，以及许多其他功能。
NVC To Initiate Immigrant Visa Processing Based on Chart B Cut-Off Dates for EB-5 Categories
Posted in Department of State, EB-5, EB-5 Investment, Immigrant Visa, VisaMany of the mainland China born EB-5 investors recently noticed that they no longer had access to the National Visa Center (NVC) online platform for the purposes of immigrant visa fee bill payment, access to immigrant visa (DS-260) applications, as well as other functions. NVC has confirmed that it is using the Dates for Filing… Continue Reading
通知：国家签证中心通知数百名EB-5移民签证的中国申请人他们的移民申请将被暂停处理直到今年10月1日
Posted in China, EB-5 Investment, Immigrant Visa美国国务部已经使用完到2016年财年底，即2016年9月30日之前，所有给出生在中国内地的EB-5投资人的签证名额。因此，国家签证中心现已暂停受理出生于中国内地的已获批I-526申请的受益人的移民签证申请。预计会在2016年10月1日恢复受理。在此期间，申请人将不能支付移民签证费用和完成或访问移民签证DS-260申请。 美国移民和国籍法案的第203条限制了可用于每个类别移民签证的名额，其中大约10,000个名额拨给EB-5投资移民类别。这个总数是进一步受制于每个国家的限制，其中给出生于中国内地的EB-5投资者的签证名额已经受到积压。到2016年9月13日为止，国家签证中心已经告知在当前法律的限制下，在本财年，分配给在中国内地出生的EB-5投资人的名额已经告罄。本财年将会在2016年9月30日结束。 美国国务院宣布如果他们确定其他国家将不会使用2016财年余下的签证名额，他们仍可能会提供这些额外的签证名额给中国内地出生的申请人。在此期间，国家签证中心已经向那些受暂停影响的申请人通过邮递和电子邮件发送通知和解释这个情况。国务院已要求受到暂停影响的申请人只在需要改变联系方式或签证资格的情况下才联系国家签证中心。 欲了解更多信息，请订阅这个博客，GT律所将继续提供更新。
ALERT: The National Visa Center Notifies Hundreds of Chinese Applicants Processing of EB-5 Based Immigrant Visa Applications Suspended until Oct. 1
Posted in China, EB-5 Investment, Immigrant VisaThe U.S. Department of State has now used the number of immigrant visas available for the Mainland-China-born EB-5 investors for the remainder of Fiscal Year 2016, which is set to conclude Sept. 30, 2016. Therefore, the National Visa Center (NVC) has temporarily suspended processing of immigrant visa applications for the Mainland China-born beneficiaries of approved… Continue Reading
USCIS Proposes International Entrepreneur Rule to Spur Innovation and Job Creation
Posted in Department of Homeland Security, EB-5 Investment, Immigrant Investor, USCIS, VisaOn Aug. 26, 2016, U.S. Citizenship and Immigration Services (USCIS) announced a notice of proposed rulemaking for an International Entrepreneur Rule, and provided an advance version of the proposed rule for public review. According to an announcement from USCIS, the proposed rule will allow the Department of Homeland Security (DHS) to exercise discretion, on a… Continue Reading
Regulatory Bodies with Oversight of an EB-5 Investment
Posted in Department of Homeland Security, EB-5 Investment, EB-5 Program, Immigration, USCISDue to the complex intersection of real estate, corporate, securities and immigration law (among others), an investment in a company under the EB-5 Program can be a complicated affair. One of the reasons an EB-5 investment is complicated has to do with U.S. governmental regulatory bodies with potential oversight over an EB-5 investment. The following… Continue Reading
Critical Things Every EB-5 Investor Should Know in Selecting an EB-5 Investment
Posted in EB-5 Business Plan, EB-5 InvestmentThe 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
What is the Role of the SEC?
Posted in EB-5 Investment, EB-5 Program, ImmigrationIn the United States, there are very strict laws in place to protect investors. These laws are administered by a governmental agency known as the U.S. Securities and Exchange Commission (SEC). The mission of this agency is to regulate the U.S. markets, protect investors from fraud, ensure fair, systematic, and efficient markets, and facilitate capital… Continue Reading
EB-5 Industry Speaks with one voice on Renewal and Reauthorization
Posted in EB-5 Investment, EB-5 Program, Eb-5 Regional Center, Immigrant InvestorYesterday, 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
U.S. Immigration Options For Prospective Investors and Entrepreneurs
Posted in EB-5 Investment, Immigrant Visa, Immigration, VisaUnder the U.S. immigration laws, there are four common visa options for foreign investors and entrepreneurs. These include: Temporary Work Visas L-1A Intracompany Transferee E-2 Treaty Investor Immigrant Visas (“Green Cards”) EB-1C Multinational Manager or Executive EB-5 Investor/Entrepreneur The EB-1C and EB-5 visas offer long-term solutions for those Investors and their families who wish to… Continue Reading