Header graphic for print
EB-5 Insights Where Government Policies and Business Realities Converge

Category Archives: EB-5

Subscribe to EB-5 RSS Feed

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

By Patty Elmas* on Posted in China, EB-3, EB-5, EB-5 Program, USCIS, Visa, Visa Bulletin

The Department of State (DOS) November 2018 Visa Bulletin shows movement in employment-based categories. The EB-1 category remained retrogressed for November 2018. Although it is likely that there will be some forward movement in December 2018 for EB-1 India, it will probably NOT return to “current” this calendar year. The EB-2 India category will likely move… Continue Reading

By Robert Y. Maples on Posted in Continuing Resolution (CR), EB-5, HR 6157

The President today signed H.R. 6157, a bill making Appropriations for Defense and Labor Health and Human Services & Education with a continuing resolution for other government programs not reauthorized by Oct 1. The continuing resolution prevents a government shutdown and extends vital programs, such as the EB-5 immigrant investor program, among others until Dec. 7…. Continue Reading

By Nataliya Rymer on Posted in China, Department of State, EB-5, EB-5 Legislation, EB-5 Processing Times, EB-5 Program, Green Cards, I-526, Immigrant Green Card, Immigrant Investor, Immigration, Immigration Law, State Department, USCIS, Vietnamese, Visa

This coming October, USCIS is allowing a number of foreign nationals to apply for adjustment of status earlier than they would otherwise be eligible. Specifically, USCIS has announced that it will allow individuals with immigrant petitions in employment-based categories to apply for adjustment of status based on the cutoff dates in the “Dates for Filing” Chart… Continue Reading

By Robert Y. Maples on 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

By Greenberg Traurig on 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

By Jennifer Hermansky on 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

By Jennifer Hermansky on 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

By Jennifer Hermansky on 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

By Jennifer Hermansky on 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

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 Greenberg Traurig on Posted in EB-5, EB-5 Program, Immigration, Immigration Law

The National Law Journal selected the 2018 Trailblazers in Immigration. This year, Greenberg Traurig Immigration & Compliance attorneys Laura Reiff and Kate Kalmykov were recognized on the list for their notable achievements in the practice of law. Kalmykov leads the immigration practice group in the firm’s New York, New Jersey, and Philadelphia offices.  She has… Continue Reading

By Robert Y. Maples on 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

By Sylvia Sobczyk on 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

By Kate Kalmykov on Posted in Department of State, EB-5, EB-5 Processing Times, Green Cards, Vietnamese

As you may know, the EB-5 immigrant visa category is expected to retrogress for Vietnam this year.  Below is a guide to frequently asked questions pertaining to the announcement of retrogression. 1. Is there a mechanism by which my child or children may continue to be eligible for immigrant visas as my dependents based on… Continue Reading

By Kate Kalmykov on Posted in Department of State, EB-5, Retrogression, Vietnamese, Visa Bulletin

Each month, the Department of State (DOS) issues a visa bulletin which contains information regarding the availability of immigrant visas. The availability of immigrant visas is subject to numerical caps imposed by Congress, which limit how many foreign nationals may obtain immigrant visas each year. In the employment-based green card category Congress allots 140,000 immigrant… Continue Reading

By Robert Y. Maples on Posted in EB-5, EB-5 Program, Omnibus Appropriations Act

Today, President Trump signed the Omnibus Appropriations Act for Fiscal Year 2018, that includes an extension of the EB-5 program until Sept. 30, 2018, along with the Conrad 30 program for foreign doctors and the Special Immigrant Religious Workers program.  The bill also includes a 3-year reauthorization of the E-Verify program (Sept. 30, 2020). Today’s… Continue Reading