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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: EB-5

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 Kristen W. Ng on 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

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 Robert Y. Maples on Posted in EB-5 Immigrant Investor Program, Eb-5 Regional Center, USCIS

Today, the Office of Management and Budget via the Office of Information and Regulatory Affairs published the Spring Unified Agenda of Regulatory and Deregulatory Actions . This bi-annual publication informs the public of regulations under consideration or planned by federal agencies.  Agencies are not bound by these postings, but transparency in the rulemaking process is… 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 Nataliya Rymer on 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

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

By Nadia Sowinski* on Posted in Department of State, EB-5, Immigration

The Department of State (DOS) has informed EB-5 stakeholders that retrogression of the EB-5 category in the chargeability area including Vietnam, is imminent; however, DOS is unable to provide specific dates of which priority dates will retrogress at this time, though it did clarify that this is not going to occur in April 2018. As… Continue Reading

By Robert Y. Maples on Posted in EB-5

On March 21, Congressional leaders released a 2232 page, $1.3 trillion dollar Omnibus Appropriation for Fiscal Year 2018 with language extending the EB-5 program until Sept. 30, 2018. SEC. 204. Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied… Continue Reading

By Laura Foote Reiff, , and on Posted in Continuing Resolution (CR), President Trump's Administration

After extended debate, the U.S. Senate set-aside the House-passed Continuing Resolution (CR) and negotiated and passed a CR funding government and programs, including EB-5, until March 23, coupled with a sweeping 2-year budget agreement for FY 18 and FY 19.  The extended debate exceeded the previous CR time extension of midnight Feb. 8, which resulted… Continue Reading

By Robert Y. Maples on 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

By Robert Y. Maples and on Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5 Program, President Trump's Administration

On Monday evening, President Trump signed the Continuing Resolution (CR) into law ending the three-day, 69-hour government shutdown. In addition to funding the government and other policy-related matters, the CR extends EB-5, E-Verify, Conrad 30, and the Religious Workers immigration programs until Feb. 8. Immigration issues will likely occupy most of the Congressional agenda during… Continue Reading

By Robert Y. Maples, , and on 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

By Laura Foote Reiff on 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

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

Late Thursday (Jan. 18), the U.S. House of Representatives approved a Continuing Resolution (or CR) to prevent a government shutdown and extend vital programs, such as EB-5, through Feb. 16, 2018. The House approved the measure mainly on party lines by a vote of 230-197. Six Democrats voted in favor of the CR with a majority of… Continue Reading

By Robert Y. Maples on 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:

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

Last night, House Appropriations Chairman, Rodney Frelinghuysen (R-NJ), filed a Continuing Resolution to extend government funding and to provide extension of authorities for programs, such as EB-5, on the House Appropriations website.  The Continuing Resolution, or CR, would extend government operations and the EB-5 program through Feb. 16. The debate on the CR will be… Continue Reading

By Kristen W. Ng, , and on 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

By Greenberg Traurig on Posted in EB-5, Events

Greenberg Traurig’s Jennifer Hermanksy and Kate Kalmykov, along with the AILA Conference Program Committee, recently presented at the 2017 AILA EB-5 Investors Summit in Las Vegas.  Hermansky presented on “Regional Center Investments: Understanding The Deal And The Capital Stack,” while Kalmykov presented on “Navigating The Requirements And Challenges In The I-829 Removal Conditions Process.”  The… Continue Reading