The U.S. Department of State (DOS) has released the monthly Visa Bulletin for October 2022 — the first month of Fiscal Year 2023. A review of the Visa Bulletin shows
Continue Reading The State Department’s October 2022 Visa Bulletin Shows Retrogression for Mainland-China- and India-born EB-5 Investors
On Sept. 3, 2021, USCIS announced that it will issue new Form I-797 receipt notices to eligible conditional permanent residents whose Form I-829 was still pending as of Sept. 4,
Continue Reading USCIS Starts Issuing 24-Month I-829 Petition Receipt Notices
On Feb. 7, 2020, the official visa information website of the U.S. mission in China (http://cdn.ustraveldocs.com/cn/index.html?firstTime=No) announced that as of Feb. 3, 2020, regular visa services at the
Continue Reading Update – U.S. Embassy and Consulates General in China Suspended Regular Visa Services as of Feb. 3
As a follow-up to our Jan. 31 blog post, we have yet to see an official announcement from the U.S. Embassy & Consulates in China regarding visa appointment cancellations
Continue Reading Update on Cancellation of Visa Appointments at U.S. Embassy and Consulates in China, and USCIS Response to the Coronavirus
On May 2, 2018, the United States Citizenship and Immigration Services (USCIS) issued a Policy Alert regarding an update made to the USCIS Policy Manual related to the documentation for conditional permanent resident (CPR) status provided by USCIS to immigrant investors with pending I-829 petitions. Every EB-5 investor with CPR status must file an I-829 petition to remove conditions by filing a Form I-829 petition within 90 days of the expiration of the two-year CPR status. USCIS then issues receipt notices to each EB-5 investor and dependent family member upon receiving the properly filed I-829 petition. The I-829 receipt notices evidence continuing CPR status (including travel and employment authorization) for an additional year after the expiration of the CPR card until the I-829 petition is adjudication or an order or removal becomes final. The Policy Alert explains that the original guidance which was previously found in Chapter 25.2 of the Adjudicator’s Field Manual (AFM) and not yet published in the USCIS Policy Manual, is now reaffirmed in Volume 6, Part G of the Policy Manual.
Continue Reading USCIS Policy Alert on EB-5 Investors with Pending I-829 Petitions
USCIS recently announced the release of a new edition of Form I-829, with the new edition dated April 21, 2017. Starting on July 24, 2017, USCIS will only accept the
Continue Reading USCIS Releases New Edition of Form I-829
The Department of Homeland Security (DHS) has issued a notice of proposed rulemaking to be published on January 13, 2017 to amend the regulations in relation to the employment-based, fifth
Continue Reading Summary: Notice of Proposed Rule for the EB-5 Immigrant Investor Program
Greenberg Traurig’s EB-5 Team recently attended the EB-5 Investor Magazine Conference in Las Vegas, NV. The 2016 Las Vegas EB-5 Conference was one of the largest ever, hosting hundreds of
Continue Reading Greenberg Traurig Attends the 2016 EB-5 Conference in Las Vegas, NV
Last week, Greenberg Traurig EB-5 attorney Ali Brodie and Franchise & Distribution attorneys David Oppenheim and Alan Greenfield, spoke in Houston, Texas, at the Franchise Expo South sponsored by
Continue Reading Greenberg Traurig Attorneys Speak at the Franchise Expo South
Once an EB-5 investor receives permanent residency (whether conditional or unconditional), they must follow certain rules and regulations to ensure they do not lose their permanent residency, including physical presence requirements. Additionally, if an EB-5 investor desires to obtain U.S. citizenship, he or she must meet certain residence and physical present requirements.
In order to maintain permanent residency, an EB-5 investor should not remain physically outside of the United States for more than one year without obtaining a reentry permit or returning resident visa. However, in determining whether an EB-5 investor has abandoned his or her status, USCIS may consider any length of absence from the United States, even if less than one year. If an EB-5 investor secures a reentry permit, he or she should not remain physically outside of the United States for more than two years after issuance of a reentry permit without obtaining a returning resident visa. EB-5 investors also should file their income tax returns in a timely fashion and make sure not to declare themselves a “non-immigrant” on such income tax returns. Lastly, USCIS will attempt to ascertain the intent of an EB-5 investor if it is inquiring about whether or not the EB-5 investor has abandoned his or her permanent residency. An EB-5 investor can take certain steps, including, without limitation, holding property within the United States; establishing personal connections with family, friends and other members of the community in which the EB-5 investor resides; ensuring employment can be completed remotely from the United States or does not require significant time spent abroad; and always declaring themselves to be a permanent resident of the United States and listing his or her permanent address as the United States on any government form, whether for the United States or another country, to demonstrate to USCIS the requisite intent to remain a permanent resident.
Continue Reading Residency Requirements for Green Card Maintenance and Naturalization