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
Category Archives: Immigrant Investor
Subscribe to Immigrant Investor RSS FeedUPDATE: EB-5 Visa Processing During the Government Shutdown
Posted in EB-5, EB-5 Immigrant Investor Program, Eb-5 Regional Center, I-526, Immigrant Investor, USCISAs 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
EB-5 Processing During the Government Shutdown
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, USCISThe 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
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
Important Development for Vietnamese and Chinese EB-5 Investors in October 2018
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, VisaThis 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
Maintaining Eligibility for Permanent Residence for EB-5 Investors: Accepting Public Benefits
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, VisaThis 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
Maintaining Eligibility for Permanent Residence for EB-5 Investors: Criminal Issues and Taxes
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, VisaThis 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
Maintaining Eligibility for Permanent Residence for EB-5 Investors: Termination of CPR Status
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, 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”[1] on June 28, 2018. This Policy Memorandum was issued in response to President Trump’s Executive Order (EO), “Enhancing Public… Continue Reading
Maintaining Eligibility for Permanent Residence for EB-5 Investors: Criminal Issues and Material Misrepresentations
Posted in EB-5, EB-5 Immigrant Investor Program, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, President Trump's Administration, USCISEB-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
EB-5 Alert – Recent System Conversion at USCIS Results in 90+ Day Delay for I-829 Receipt Notices and ASC Appointment Notices
Posted in EB-5, EB-5 Immigrant Investor Program, I-829, Immigrant Investor, USCISDue 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
USCIS Holds EB-5 Stakeholder Engagement in New York City Field Office
Posted in I-526, I-924, Immigrant Investor, USCISOn Nov. 7, 2017, United States Citizenship and Immigration Services (USCIS) Immigrant Investor Program Office (IPO) held an EB-5 stakeholder program at their New York City field office. GT attorneys Kate Kalmykov and Kristen Ng attended the in-person session. During the engagement, key members of the IPO addressed: 1) updates from the IPO; 2) priorities for… Continue Reading
I-526 TREND: Delays in Receiving Requests for Evidence
Posted in I-526, Immigrant Investor, USCISInvestors and their attorneys alike have taken note of a disturbing trend recently: when USCIS issues a Request for Evidence (RFE), it is oftentimes not received by either party. Typically, RFEs are mailed in hard copy, and a copy is mailed to the Investor, and a second copy is mailed to the attorney of record. … Continue Reading
USCIS Releases New Edition of Form I-526 with New Changes and Information Requested From Investors
Posted in EB-5, EB-5 Program, I-526, Immigrant Investor, USCIS, VisaUSCIS recently announced the release of a new edition of Form I-526, with the new edition dated 04/10/2017. Starting on June 9, 2017, USCIS will only accept the 04/10/2017 edition. Until then, investors can use the 12/23/2016 edition. Both editions of Form I-526 are available to download at no cost on the USCIS website. Investors… Continue Reading
Greenberg Traurig Elevates Jennifer Hermansky to Shareholder in Philadelphia
Posted in Awards & Recognitions, EB-5, Immigrant Investor, Immigrant VisaThe Business Immigration & Compliance Practice of Greenberg Traurig, LLP is pleased to announce that Jennifer Hermansky has been elevated to shareholder in the Philadelphia office. Hermansky focuses her immigration practice on both employment-based and family-based immigration. Specifically, she focuses her practice on EB-5 immigrant investor visas. She has prepared and filed many immigrant investor… Continue Reading
Immigrant Investor Program Office Unofficial I-526 Petition Processing Policy
Posted in EB-5 Program, I-526, I-924, Immigrant Investor, Immigration, Regional Center, USCISThe Immigrant Investor Program office (IPO) has decided to hold in abeyance I-526 Petitions until the adjudication of an associated Exemplar I-924 Petition, even when an associated I-526 Petition is past posted processing times. This has had a particularly detrimental effect on I-526 Petitions filed prior to Sept. 30, 2015, when there was a surge… Continue Reading
Greenberg Traurig EB-5 Team Attends Investment Immigration Summit MENA in Dubai
Posted in Events, Immigrant InvestorKate Kalmykov and Jennifer Hermansky recently attended the Investment Immigration Summit MENA in Dubai. The Summit is the leading immigration conference in the Middle East, hosting hundreds of immigration agents and consultants, private bankers and wealth managers, law firms and government officials. Hermansky provided an outlook for EB-5 in 2017. Kalmykov presented a workshop on L-1… 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
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
Recap of the Feb. 3, 2016, EB-5 Program Stakeholder Engagement
Posted in EB-5 Investment, EB-5 Program, Immigrant Investor, USCISThe 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
Greenberg Traurig Attorney Laura Reiff Featured in EB-5 GlobeSt.com Article
Posted in EB-5 Program, Immigrant InvestorEB-5 Investors magazine hosted a conference earlier this week focusing on keeping the EB-5 Immigrant Investor Program a priority for lawmakers before it expires on September 30. Laura Reiff, co-chair of Greenberg Traurig’s Business Immigration & Compliance Practice, is the executive director for the EB-5 Investment Coalition and was a panelist at the event. In… Continue Reading
The 83rd U.S. Conference of Mayors in San Francisco Adopts Eb-5 Related Resolution
Posted in EB-5 Investment, EB-5 Program, Immigrant InvestorThe United States Conference of Mayors conference hosted their 83rd Annual Meeting on June 19-22, 2015 in San Francisco, California. The EB-5 immigration investor program was included in the adopted resolutions of the organization as listed herein: EB-5 IMMIGRANT INVESTOR PROGRAM WHEREAS, EB-5 is the designation for the fifth employment-based preference immigrant visa category established… Continue Reading
Legislation Needed to Make EB-5 Program Permanent
Posted in EB-5 Program, Immigrant InvestorThe EB-5 program is currently at risk of expiring Sept. 30, 2015. Congress needs to act immediately to reauthorize this program which has a proven record for stimulating the economy and creating hundreds of thousands of jobs. On March 23, 2015, Congressman Jared Polis (D-CO) released a statement explaining the merits of the EB-5 program and the… Continue Reading
排期倒退、优先日期与I-526申请标准通知书
Posted in EB-5 Program, I-526, Immigrant Investor, Immigrant Visa, Retrogression, USCISFollowing is the Chinese translation of a previously published blog post: 鉴于EB-5签证排期倒退迫近，现在就优先日期以及I-526申请批准书上涉及的有关内容做些基本介绍，正是一个合适的时机。美国联邦法律规定，每个财政年度EB-5签证的可用额度上限为10，000 名额. EB-5投资人提交I-526申请后，其I-526申请被美国移民局（USCIS）接收的日期，视为EB-5投资人的“优先日期”。排期倒退是指，签证额度达到上限后，美国国务院（DOS）必须根据过去的优先日期，给签证申请人划定一个截止日期，从而产生的时间滞期。打个形象的比方，EB-5签证好比是排队，EB-5投资人的优先日期就是其在长队中的位置。