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Category Archives: EB-5 Investment

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By Jia Zhao on 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

By Bruce C. Rosetto and on 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

By Greenberg Traurig on 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

By Greenberg Traurig on 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

By Jennifer Hermansky on 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

By Nataliya Rymer on 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。

By Nataliya Rymer on Posted in Department of State, EB-5, EB-5 Investment, Immigrant Visa, Visa

Many 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

By Nataliya Rymer on 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。

By Nataliya Rymer on Posted in China, EB-5 Investment, Immigrant Visa

The 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

By Laura Foote Reiff on Posted in Department of Homeland Security, EB-5 Investment, Immigrant Investor, USCIS, Visa

On 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

By Dillon Colucci on Posted in Department of Homeland Security, EB-5 Investment, EB-5 Program, Immigration, USCIS

Due 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

By Kate Kalmykov and on 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

By Kate Kalmykov on Posted in EB-5 Investment, EB-5 Program, Immigration

In 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

By Laura Foote Reiff on Posted in EB-5 Investment, EB-5 Program, Eb-5 Regional Center, Immigrant Investor

Yesterday, 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

By Kate Kalmykov on Posted in EB-5 Investment, Immigrant Visa, Immigration, Visa

Under 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

By Greenberg Traurig on Posted in EB-5 Investment, Firm News, Uncategorized

EB5Investors Magazine has profiled five attorneys from Greenberg Traurig, LLP in its list of the “Top 25 Immigration Attorneys in the EB-5 Industry.” Kate Kalmykov, Laura Reiff, Bruce Rosetto, Jennifer Hermansky, and Dillon Colucci were selected through a combination of community member votes, input from the editorial board, and analysis from the EB5 Magazine in-house… Continue Reading

By William Mack on Posted in EB-5 Investment, Securities Law

Nearly all U.S. broker-dealers are members of the Financial Industry Regulatory Authority (FINRA).  FINRA regulates, and provides oversight and guidance for its member firms.  When a broker-dealer becomes a FINRA member, they enter into a membership agreement which, among other things, specifies which financial products and services the broker-dealer is permitted to offer to its… Continue Reading

By Sylvia Sobczyk on Posted in EB-5 Investment, EB-5 Program

Beginning on Monday, Feb. 22, 2016, EB-5 investors with approved I-526 petitions will be able to contact the National Visa Center’s (NVC) newly created EB-5 Investor Assistance Desk. Customers with visa processing questions can send their inquiries to the following email address: NVCeb5@state.gov. Inquiries will be answered by a team of professionals at the NVC… Continue Reading

By Dillon Colucci on Posted in EB-5 Investment, EB-5 Program, Immigrant Investor, USCIS

The USCIS Immigrant Investor Program Office (IPO) held its first stakeholder engagement of 2016 on Feb. 3. Primarily speaking for USCIS were Nicholas Colucci, Chief of the IPO, Julia Harrison, Deputy Chief of the IPO, and Laurie McKenzie, the new Division Chief of Policy and Performance. Processing Times and Backlog Reduction Issues As has been… Continue Reading

By Laura Foote Reiff and on Posted in EB-5 Investment, EB-5 Program, Immigration

The first hearing of the second session of the 114th Congress on the topic of EB-5 was held in the Senate Judiciary Committee on Feb. 2, 2016. Witnesses included Nicholas Colucci, Chief, Office of Immigrant Investor Program, U.S. Citizenship and Immigration Services, and Stephen L. Cohen, Associate Director, Division of Enforcement, U.S. Securities and Exchange… Continue Reading

By Kristen W. Ng and on Posted in EB-5 Investment, EB-5 Program, Eb-5 Regional Center

On December 17, 2015, two days after Senate and House leadership recommended a “clean” extension of the EB-5 program until September 30, 2016, Senator Flake (R-AZ), with Senator Cornyn (R-TX) and Senator Schumer (D-NY), introduced S.2415, the “EB-5 Integrity Act of 2015.”  This is the first new piece of EB-5 reform legislation introduced since the… Continue Reading

By Kristen W. Ng on Posted in EB-5 Investment, EB-5 Program

On November 19, 2015, 70 key stakeholders of the EB-5 industry, led by The Real Estate Roundtable, the U.S. Chamber of Commerce, and the EB-5 Investment Coalition, sent a letter urging House and Senate Leadership to reauthorize the EB-5 Regional Center program along with three other expiring immigration programs (R-1 visas for religious workers, the… Continue Reading