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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: EB-5 Program

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

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

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

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

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

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

Posted in Denials, NOID, Notices to Appear, RFE

On June 28, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum titled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.” Later, on July 13, 2018, the USCIS issued a Policy Memorandum titled “Issuance of Certain RFEs and NOIDs.”… Continue Reading

Posted in EB-5 Program, Retrogression, U.S. State Department, Vietnam Retrogression

The 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

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

Posted in Continuing Resolution (CR), EB-5 Program

Tonight, by a vote of 245-182, the House approved it’s version of the 5th Continuing Resolution (CR), funding government operations and extending government programs, such as EB-5, until March 23.  The bill now proceeds to the Senate for further consideration. As of this writing, it is expected that the Senate will continue overall budget negotiations… Continue Reading

Posted in Continuing Resolution (CR), EB-5

Tonight, House Appropriations Chairman, Rodney Frelinghuysen (R-NJ), filed a fifth short-term Continuing Resolution (CR) extending government funding and important programs, such as EB-5,  from Feb. 8 until March 23.  After late-night Conference meetings, House Republicans developed the framework and timing of the CR. The CR is expected to be acted upon by the House later this week. … Continue Reading

Posted in Continuing Resolution (CR)

By a vote of 266-150 on Jan. 22  (three days after  the previous extension deadline of midnight on Jan. 19), the House passed the Senate amendment, extending Continuing Appropriations for government services and programs to Feb. 8. The bill now goes to the president who is expected to sign it into law. Today’s action extends… Continue Reading

Posted in Continuing Resolution (CR), EB-5, Government Shutdown

Late Friday (Jan. 19)  the U.S. Senate failed to pass the House of Representatives approved Continuing Resolution (or CR).  As of January 20th the federal government is in a shutdown.  It appears that the Senate will attempt another CR vote to extend vital programs, such as EB-5, through Feb. 8, 2018. This vote could come… Continue Reading

Posted in Department of Homeland Security, EB-5 Immigrant Investor Program, USCIS

On Jan. 17, The Center for Regulatory Effectiveness (The CRE), a Washington D.C. administrative watchdog group, filed a petition with the Department of Homeland Security to reform the EB-5 program to create jobs in rural America and areas of high unemployment.  In making the announcement, The CRE posted:

Posted in Conrad 30 Waiver Program, E-Verify, EB-5 Program

By a vote of 231-188 on Dec. 21 (before the previous extension deadline of midnight on Dec. 22), the House passed the Senate amendment to H.R. 1370 extending Continuing Appropriations for government services and programs to Jan. 19. Upon passage, H.R. 1370 was sent immediately to the Senate, where it passed by a vote of… Continue Reading

Posted in Continuing Resolution (CR), EB-5 Program

A Continuing Resolution (CR) has been filed as of last Saturday, Dec. 3, 2017, to serve as a vehicle to extend government operations through Dec. 22, 2017, thus preventing a government shutdown. The CR may be voted on as early as Wednesday or Thursday of this week.  There is also talk of doing another short-term… Continue Reading

Posted in EB-5, EB-5 Program, I-526, Immigrant Investor, USCIS, Visa

USCIS 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

Posted in EB-5 Program, USCIS

EB-5投资移民的一个关键要求是需要每个投资人以优势证据(“preponderance of evidence”)表明,他们投资到新商业企业的资金来自合法来源。由于许多国家的货币限制,投资人可能会通过私人资金交换的方式来与第三方互换货币。这种类型的私人货币兑换和在中东流行的“哈瓦拉”系统可能比较相似。 在典型的EB-5货币互换中,投资人将以本地货币转入第三方(实体或自然人)的账户中。然后,第三方再以等额的美元资金转入投资人的海外账户。投资人然后把收到的美元投资到一个新的商业企业。该投资人将妥善记录此货币互换交易,并提交I-526请愿书。通常情况下,投资人并没有提供关于第三方资金来源的任何信息. 直到最近,美国移民局并没有质疑协助货币互换的第三方的资金来源。不过,美国移民局似乎已经改变了内部政策,并已开始对每个使用第三方协助资金交换的案件发出补件要求。该政策似乎针对所有第三方,无论是实体还是自然人。因此,已经提交I-526申请,但未提供文件证明第三方资金来源的投资人应开始考虑,并为可能发出的补件要求做准备。尚未提交I-526申请,但打算使用第三方资金交换方式来将货币转到美国的投资人应考虑收集有关第三方资金来源的文件,这样可能有助于减少收到补件要求的可能性。

Posted in EB-5 Program, USCIS

A crucial requirement of the EB-5 Program is that each individual demonstrate by a preponderance of evidence that the monies invested in a new commercial enterprise were derived from a lawful source. Due to currency restrictions in many foreign countries, individuals may swap currency in a private exchange of funds. This type of private currency… Continue Reading

Posted in EB-5 Program, I-526, I-924, Immigrant Investor, Immigration, Regional Center, USCIS

The 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

Posted in EB-5, EB-5 Program, Events

Greenberg 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