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Category Archives: EB-5

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By Laura Foote Reiff, , , and on Posted in EB-5, EB-5 Job Creation, EB-5 Legislation, Legislation

On April 9, 2019, Rep. González-Colón (R-PR-At Large) introduced H.R.2173 – a bill to amend the Immigration and Nationality Act to reserve EB-5 visas each fiscal year for investors in new commercial enterprises in areas where a major disaster has been declared by the president. The bill is not publicly available as of this writing,… Continue Reading

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 Jia Zhao on Posted in EB-5, EB-5 Processing Times, Uncategorized

Currently, the average processing time for an I-526 petition ranges from 20.5 to 27 months, as shown in the screenshot from USCIS website below. For cases filed with an receipt date of January 29, 2017 or earlier that remain pending with USCIS, the investors or the attorneys of record can submit an “outside normal processing… Continue Reading

By Laura Foote Reiff and on Posted in EB-5

On March 14, 2019, the EB-5 Investment Coalition, in cooperation with Invest in the USA (IIUSA), released the most comprehensive economic analysis of the EB-5 program to date. Laura Reiff, co-chair of Greenberg Traurig’s Immigration & Compliance Practice, commented on the report: “Without the typical data limitations and constraints on economic analysis, premier industry economists… Continue Reading

By Robert Y. Maples˘ on Posted in E-Verify, EB-5, EB-5 Program, Government Shutdown, President Trump's Administration

Congress approved the Omnibus Appropriations legislation on Feb. 14, 2019.  On Feb. 15, the president signed the legislation into law and announced additional executive actions to further address needs the Administration has identified at the southern border. Now, all 12 Appropriations bills for this fiscal year are complete and extended through Sept. 30, 2019, and… Continue Reading

By Robert Y. Maples˘ on Posted in EB-5, Government Shutdown

Late on Feb. 13, 2019, House and Senate Conferees on the Department of Homeland Security (DHS) Appropriations announced an agreement on DHS Appropriations for FY 2019 and the remaining six other outstanding FY 2019 Appropriations measures. The measure, HJ Res 31, or “the Omnibus,” is over 1,000 pages and deals with many areas of government, ranging… Continue Reading

By Robert Y. Maples˘ on Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5

As a continuation of an earlier posting, the U.S. Senate initiated a process by voice vote opening the US Government through February 15, H.J. Res 28, and providing for House and Senate consideration of Department of Homeland Security Appropriations, H. J. Res 31.   These actions will provide funding for all remaining Appropriations bills subject to… Continue Reading

By Robert Y. Maples˘ on Posted in Department of Homeland Security, EB-5, Government Shutdown, Legislation, President Trump's Administration, shutdown, Uncategorized

After 35 days of closure, with multiple House bills debated and passed, and Senate bills debated, President Trump called a press conference the afternoon of Jan. 25 relating to ending the government shutdown. Standing in the Rose Garden, the president announced a deal to reopen the government for three weeks and provide for ongoing fiscal negotiations:… Continue Reading

By Yalexa Matos on 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

By Greenberg Traurig on Posted in Awards & Recognitions, EB-5

Three attorneys with global law firm Greenberg Traurig, LLP are listed in EB-5 Investors Magazine’s, “Top 25 Immigration Attorneys in the EB-5 Industry.” Laura Foote Reiff is included as one of the EB-5 attorneys in specialized fields, for her legislative work. Kate Kalmykov and Jennifer Hermansky are both recognized among the top 25 immigration attorneys…. Continue Reading

By Jia Zhao on Posted in EB-5, I-526, Immigrant Investor, Immigrant Visa, Immigration, U.S. State Department, Uncategorized, USCIS

It is widely known that India has become a major EB-5 investor market in recent years, as EB-5 is becoming an increasingly popular option for Indian nationals who seek permanent residence in the United States; the fact that there has been a growing number of high-net-worth individuals in India clearly helps to stimulate this demand…. Continue Reading

By Nataliya Rymer on 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

By Robert Y. Maples˘ on Posted in Department of Homeland Security, EB-5, Government Shutdown

On Jan. 3, 2019, the 115th Congress gaveled to a close, and the newly composed 116th Congress, with the House under control of a Democrat majority and the Senate continuing under Republican control, convened.   Appropriations legislation was among the first considered, with the House passing a bill that would open government by extending six… Continue Reading

By Jennifer Hermansky on 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

By Jennifer Hermansky on 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

By Robert Y. Maples˘ on Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5, Immigration

The U.S. Senate filed Continuing Resolution, Senate amendment to H.R. 695 – Department of Defense Appropriations Act, 2018 [Further Additional Continuing Appropriations Act, 2019, legislation on Dec. 19 to extend government programs and operations through Feb. 8, 2019 and to prevent a partial government shutdown on Dec. 21. From the Senate Appropriations Committee press release… Continue Reading

By Dillon Colucci on 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

By Robert Y. Maples˘ on Posted in Continuing Resolution (CR), EB-5, Immigration

As an update to this reporting- House Introduces Two-Week Continuing Resolution to Extend Vital Programs such as EB-5, on Dec. 6, the House passed H.J. Res 143 – FY 2019 Continuing Resolution Through December 21, 2018, by unanimous consent.  The measure proceeded to the Senate and was approved by unanimous consent approximately one-hour after passing… 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 Robert Y. Maples˘ on Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5, Immigration

House Appropriations Committee Chairman Rodney Frelinghuysen (R-NJ) introduced H.J. Res 143 – FY 2019 Continuing Resolution Through December 21, 2018 on Dec. 3 to extend government programs not yet authorized for the fiscal year until Dec. 21, 2018. Programs extended under the filed Continuing Resolution include seven appropriation bills that are set to expire on Dec…. Continue Reading

By Greenberg Traurig on Posted in Awards & Recognitions, EB-5, Firm News, The Expert Institute’s Best Legal Blog Competition

We are extremely excited to announce that we have been nominated to participate in The Expert Institute’s Best Legal Blog Competition. From a field of hundreds of potential nominees, EB-5 Insights has received enough nominations to join one of the largest competitions for legal blog writing online today. Now that the blogs have been nominated and… 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 Shaoul Aslan‡ on Posted in Department of State, EB-3, EB-5, Immigration, Visa Bulletin

The Department of State (DOS) December 2018 Visa Bulletin shows some movement in employment-based categories. The EB-1 category will advance three months in all countries, with China and India advancing to Sept. 1, 2016, and all other countries will move forward to July 21, 2016. The EB-2 category remained current for all countries except China, advancing… 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