On May 6, 2019, Charles Oppenheim, chief of the U.S. State Department Visa Control and Reporting Division, presented at the IIUSA Conference in Washington, D.C. on the state of visa backlogs for EB-5 immigrant visa applicants. Mr. Oppenheim reported on a number of important issues summarized in this blog. Between approximately Oct. 1, 2018, and… Continue Reading
Tag Archives: EB-5 Investors
New Bill Introduced to Use Economic Abilities of EB-5 to Assist Disaster Recovery in Declared National Disaster Areas
Posted in EB-5, EB-5 Job Creation, EB-5 Legislation, LegislationOn 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
EB-5 Capital Redeployment: Top 10 Considerations for Investors When a Project Announces Redeployment
Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, UncategorizedIn 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
USCIS moves EB-5 Modernization Rule to OMB
Posted in EB-5 Modernization Rule, Office of Management, OMB, RIN 1615-AC07On 2/22/19, USCIS forwarded the EB-5 Immigrant Investor Program Modernization final rule (RIN 1615-AC07) to the Office of Management AGENCY: DHS-USCIS RIN: 1615-AC07 Status: Pending Review TITLE: EB-5 Immigrant Investor Program Modernization STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No ** RECEIVED DATE: 02/22/2019 LEGAL DEADLINE: None OMB will now begin assessment of the final rule… Continue Reading
URGENT UPDATE for Scheduled EB-5-Based Green Card Interviews
Posted in Department of State, EB-5, EB-5 Immigrant Investor Program, EB-5 Program, Government Shutdown, shutdown, USCISAs 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
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
OMB Publishes Fall 2018 Unified Agenda with EB-5 Regulatory Updates
Posted in Department of Homeland Security, EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Legislation, EB-5 Processing Times, EB-5 Program, EB-5 Project, Immigration, Immigration Law, Investment, Proposed Rule, Uncategorized, USCIS, USCIS Public EngagementToday, OMB published the bi-annual Unified Regulatory Agenda. This important transparency tool reflects agency rulemaking updates and plans for the immediate future. The updates are broad and encompass all areas of rulemaking. The dates provided by the agency are best thinking at the time and are subject to change. For purposes of this blog, we focus on 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
Maintaining Eligibility for Permanent Residence for EB-5 Investors: Nonimmigrant Status
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, 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” on June 28, 2018. This Policy Memorandum was issued in response to President Trump’s Executive Order (EO), “Enhancing Public Safety… 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
Update on Vietnam Retrogression
Posted in EB-5 Program, Retrogression, U.S. State Department, Vietnam RetrogressionThe U.S. State Department has released its monthly Visa Bulletin for the month of May 2018. Notably, the priority dates for the Regional Center EB-5 category for nationals of Vietnam have become subject to retrogression. As of May 1, 2018, only those approved Vietnamese EB-5 investors under the Regional Center Pilot Program whose EB-5 petitions… Continue Reading
GT’s EB-5 Group Will Participate in the 2017 AILA EB-5 Investors Summit
Posted in Eb-5 Regional Center, Events, I-829Greenberg Traurig Attorneys Kate Kalmykov and Jennifer Hermansky will participate as presenters at the 2017 American Immigration Lawyers Association (AILA) EB-5 Investors Summit, Dec. 8-9, 2017, in Las Vegas. Kalmykov’s panel “Regional Center Investments: Understanding The Deal And The Capital Stack,” will address the Regional Center and NCE roles, differences between loan and equity project… Continue Reading
Greenberg Traurig EB-5 Group to Sponsor 2017 Invest in America Summit and Exhibition
Posted in EB-5, EB-5 Program, EventsGreenberg Traurig’s EB-5 team will sponsor and participate as an organizing committee member of the 2017 Invest in America Summit and Exhibition, the largest USA-themed investment conference and exhibition in China, with attorneys Kate Kalmykov and Laura Reiff as VIP speakers. The Summit will travel to four Chinese cities in 2017. Event dates and locations… Continue Reading
A Detailed Look at the Proposed EB-5 Regulations
Posted in Department of Homeland Security, EB-5, EB-5 Immigrant Investor ProgramOn January 13, 2017, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking Making (“NPRM”) seeking to amend the current EB-5 regulations. As required by the Administrative Procedure Act, DHS has published the NPRM in the Federal Register for notice to the public and has given the public a three (3) month… Continue Reading
Greenberg Traurig Attends ABA 39th Annual Franchising Forum
Posted in EB-5, EventsGreenberg Traurig attorneys attended and presented at the ABA 39th Annual Forum on Franchising in Miami Florida. The ABA provides this forum to study and discuss the legal aspects of franchising. Kate Kalmykov presented on EB-5 Investors as a Vehicle for Franchise Network Expansion. Kalmykov’s recent white paper addresses the use of EB-5 franchises. To… Continue Reading
国家签证中心将根据签证排期表中表B的截止日期来启动EB-5类别移民签证的案件处理
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。
NVC To Initiate Immigrant Visa Processing Based on Chart B Cut-Off Dates for EB-5 Categories
Posted in Department of State, EB-5, EB-5 Investment, Immigrant Visa, VisaMany 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
美国移民局有关2016年10月排期的说明
Posted in China, EB-5, EB-5 Program, Eb-5 Regional Center, Posts in Chinese, Regional Center, USCIS Public Engagement, Visa, Visa Bulletin美国移民局于2016年9月22日决定，在2016年10月，除了少数职业移民的类别外，家庭移民和职业移民的调整身份申请人可以根据申请递件排期表（Dates of Filing Visa Application chart）,也称为签证排期表中的表B来递交调整身份的申请。美国移民局指出EB-4宗教人士类别的调整身份申请人和EB-5区域中心项目类别的调整身份申请人，将只能使用移民签证名额的实际排期表(Final Action Dates chart), 也被称为表A。美国移民局解释说，由于EB-5区域中心项目和EB-4宗教人士移民项目预计于9月30日到期，因此这两个类别将在被国会延期之前，没有签证名额可用。公告还指出，这两个项目在延期后，移民局会适当的更新签证排期表以及更新网页来提供有关身份调整资格的信息。 在2016年9月28日，国会批准了短期联邦支出法案，其中包括将EB-4和EB-5区域中心项目在没有政策改变的情况下延期到2016年12月9日。 虽然美国移民局有更新该项目的网页，以反映在这些类别目前有签证名额可用。然而EB-5类别的调整身份申请人仍然不能使用表B来进行调整身份的申请。此外，移民局指出所有EB-5类别的申请人（包括区域中心和非区域中心项目）必须使用移民签证名额的实际排期表(Final Action Dates chart), 也被称为表A。对于出生在中国大陆已获得I-526批准的调整身份申请人，在2016年10月，只有那些优先日在2014年2月21日或之前的申请人才可以申请调整身份。
USCIS Clarifies Availability of Priority Dates for October 2016
Posted in EB-5 Program, Eb-5 Regional Center, Regional Center, State Department, USCIS, Visa, Visa BulletinOn September 22, 2016, USCIS determined that for October 2016, Adjustment of Status applicants in family-based and employment-based categories will be able to utilize the Dates of Filing Visa Applications chart (otherwise known as Chart B) of the monthly State Department Visa Bulletin, with the exception of several employment-based categories. USCIS instructed that those applying for… Continue Reading