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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: GT Law

Posted in EB-5, EB-5 Job Creation, EB-5 Legislation, Legislation

On 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

Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, Uncategorized

In 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

Posted in EB-5, EB-5 Processing Times, Uncategorized

Currently, the average processing time for an I-526 petition ranges from 20.5 to 27 months, as shown in the screenshot from USCIS website below. For cases filed with an receipt date of January 29, 2017 or earlier that remain pending with USCIS, the investors or the attorneys of record can submit an “outside normal processing… Continue Reading

Posted in EB-5

On March 14, 2019, the EB-5 Investment Coalition, in cooperation with Invest in the USA (IIUSA), released the most comprehensive economic analysis of the EB-5 program to date. Laura Reiff, co-chair of Greenberg Traurig’s Immigration & Compliance Practice, commented on the report: “Without the typical data limitations and constraints on economic analysis, premier industry economists… Continue Reading

Posted in Awards & Recognitions, Chambers Global, Immigration Law

Global law firm Greenberg Traurig, LLP has 37 attorneys recognized in the 2019 edition of the prestigious legal services directory, Chambers Global. In addition, 13 practices were ranked across seven regions including Immigration and Compliance. Laura Reiff and Martha Schoonover were ranked under USA Immigration: Business. To read the full GT press release, click here.

Posted in EB-5 Modernization Rule, Office of Management, OMB, RIN 1615-AC07

On 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

Posted in E-Verify, EB-5, EB-5 Program, Government Shutdown, President Trump's Administration

Congress approved the Omnibus Appropriations legislation on Feb. 14, 2019.  On Feb. 15, the president signed the legislation into law and announced additional executive actions to further address needs the Administration has identified at the southern border. Now, all 12 Appropriations bills for this fiscal year are complete and extended through Sept. 30, 2019, and… Continue Reading

Posted in China, H-1B, Immigration, Immigration Law, L visa, State Department, U.S. State Department

The Department of State (DOS) and Mission China announced that changes have been made to consolidate the processing in China of H and L visa applications for foreign nationals seeking to work in the United States. Starting March 1, 2019, all interviews for H and L visas will be conducted only at the U.S. Embassy… Continue Reading

Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5

As a continuation of an earlier posting, the U.S. Senate initiated a process by voice vote opening the US Government through February 15, H.J. Res 28, and providing for House and Senate consideration of Department of Homeland Security Appropriations, H. J. Res 31.   These actions will provide funding for all remaining Appropriations bills subject to… Continue Reading

Posted in Department of Homeland Security, EB-5, Government Shutdown, Legislation, President Trump's Administration, shutdown, Uncategorized

After 35 days of closure, with multiple House bills debated and passed, and Senate bills debated, President Trump called a press conference the afternoon of Jan. 25 relating to ending the government shutdown. Standing in the Rose Garden, the president announced a deal to reopen the government for three weeks and provide for ongoing fiscal negotiations:… Continue Reading

Posted in Awards & Recognitions, EB-5

Three attorneys with global law firm Greenberg Traurig, LLP are listed in EB-5 Investors Magazine’s, “Top 25 Immigration Attorneys in the EB-5 Industry.” Laura Foote Reiff is included as one of the EB-5 attorneys in specialized fields, for her legislative work. Kate Kalmykov and Jennifer Hermansky are both recognized among the top 25 immigration attorneys…. Continue Reading

Posted in EB-5, I-526, Immigrant Investor, Immigrant Visa, Immigration, U.S. State Department, Uncategorized, USCIS

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

Posted in Department of State, EB-5, EB-5 Immigrant Investor Program, EB-5 Program, Government Shutdown, shutdown, USCIS

As 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

Posted in Department of Homeland Security, EB-5, Government Shutdown

On Jan. 3, 2019, the 115th Congress gaveled to a close, and the newly composed 116th Congress, with the House under control of a Democrat majority and the Senate continuing under Republican control, convened.   Appropriations legislation was among the first considered, with the House passing a bill that would open government by extending six… Continue Reading

Posted in Awards & Recognitions

Based on an analysis of more than 100,000 pieces of thought leadership, legal publisher The National Law Review (NLR) recognized global law firm Greenberg Traurig, LLP as a 2018 “Go-To Thought Leader” for its coverage of business immigration changes and immigration law in general. According to the NLR website, the “‘Go-To-Thought Leadership Awards’ recognize 65 exceptional… Continue Reading

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

As 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

Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5, Immigration

The U.S. Senate filed Continuing Resolution, Senate amendment to H.R. 695 – Department of Defense Appropriations Act, 2018 [Further Additional Continuing Appropriations Act, 2019, legislation on Dec. 19 to extend government programs and operations through Feb. 8, 2019 and to prevent a partial government shutdown on Dec. 21. From the Senate Appropriations Committee press release… Continue Reading

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

As an update to this reporting- House Introduces Two-Week Continuing Resolution to Extend Vital Programs such as EB-5, on Dec. 6, the House passed H.J. Res 143 – FY 2019 Continuing Resolution Through December 21, 2018, by unanimous consent.  The measure proceeded to the Senate and was approved by unanimous consent approximately one-hour after passing… Continue Reading

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, Visa

In 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

Posted in Conrad 30 Waiver Program, Continuing Resolution (CR), E-Verify, EB-5, Immigration

House Appropriations Committee Chairman Rodney Frelinghuysen (R-NJ) introduced H.J. Res 143 – FY 2019 Continuing Resolution Through December 21, 2018 on Dec. 3 to extend government programs not yet authorized for the fiscal year until Dec. 21, 2018. Programs extended under the filed Continuing Resolution include seven appropriation bills that are set to expire on Dec…. Continue Reading

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, Vietnamese

At 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

Posted in Department of State, EB-3, EB-5, Immigration, Visa Bulletin

The Department of State (DOS) December 2018 Visa Bulletin shows some movement in employment-based categories. The EB-1 category will advance three months in all countries, with China and India advancing to Sept. 1, 2016, and all other countries will move forward to July 21, 2016. The EB-2 category remained current for all countries except China, advancing… Continue Reading