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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: GT

By Greenberg Traurig on Posted in Awards & Recognitions

Ian R. Macdonald, co-chair of Greenberg Traurig LLP’s Immigration & Compliance Practice, as well as Jennifer Hermansky and Courtney B. Noce, shareholders in the practice, were each recognized by the National Law Journal (NLJ) with the 2019 Immigration Trailblazer award. The award recognizes movers and shakers in the legal industry who have made an impact… Continue Reading

By Robert Y. Maples˘ on Posted in Department of Homeland Security, Immigration, President Trump's Administration, USCIS

Former Virginia Attorney General Ken Cuccinelli has been appointed acting director of USCIS, replacing Acting Director Koumans. Director Koumans replaced Director Cissna on June 3 as acting director. Below is the USCIS release: WASHINGTON— Department of Homeland Security Acting Secretary Kevin McAleenan today announced that Kenneth T. (Ken) Cuccinelli will serve as the new acting director of… Continue Reading

By Ian Macdonald and on Posted in Department of Homeland Security, Department of State, Visa

Under a new State Department policy, virtually all visa applicants to the United States are now required to submit information about social media accounts they have used in the past five years. Applicants for immigrant and nonimmigrant visas must use the State Department’s Consular Electronic Application Center (CEAC) to complete online forms for nonimmigrant (DS-160)… Continue Reading

By Robert Y. Maples˘ on Posted in Government Accountability Office (GAO), President Trump's Administration, Uncategorized, USCIS, Visa

On May 31, the Congressional Hispanic Caucus announced, “Following CHC Request, GAO Agrees to Open Investigation into Record-Breaking Immigration Case Backlog at USCIS,” in which Chairman Castro stated the following: My colleagues in the Hispanic Caucus and I look forward to reviewing GAO’s findings. We must ensure that USCIS is meeting its Congressional mandate and… Continue Reading

By Robert Y. Maples˘ on Posted in USCIS

USCIS Deputy Director Mark Koumans has been appointed acting director following L. Francis Cissna’s departure. Mr. Koumans has experience in Custom Border Protection and the U.S. Foreign Service. Prior to his exit from USCIS, former Director L. Francis Cissna released a report highlighting agency programs, workload and accomplishments, in which he states the following: The 2018… Continue Reading

By Jia Zhao on Posted in EB-5, EB-5 Industry stakeholder groups, EB-5 Program, Reform and Reauthorization of the EB-5 Regional Center Program

On May 17, 2019, EB-5 Industry stakeholder groups, led by the EB-5 Investment Coalition, U.S. Chamber of Commerce, The Real Estate Roundtable, IIUSA, Rural Alliance, Real Estate Board of New York, AILA, among others, submitted a joint letter to Senate and House Judiciary Committees leadership in support of principle reforms and reauthorization of the EB-5… Continue Reading

By Robert Y. Maples˘ on Posted in EB-5, OMB

On May 22, the Office of Management and Budget (OMB) released the bi-annual Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. As set forth in a Federal Register notice and using the Department of Homeland Security as an example, the Unified Agenda is explained as follows: This regulatory agenda is a semiannual summary of… Continue Reading

By Luna Ma on Posted in I-526, USCIS

USCIS released a new version of I-526 form on its website on April 23, 2019. Starting June 25, 2019, USCIS will only accept the new version Form I-526 (edition 04/15/19). Until then, investors can use the 05/30/2017 edition. Both editions of Form I-526 are available to download on the USCIS website. There are no substantial… Continue Reading

By Luna Ma on Posted in China, EB-5, I-526, India, Vietnamese, Visa, Visa Bulletin

The U.S. Department of State just released the updated Visa Bulletin for June 2019. The monthly updated waiting list provides the latest information for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad or filing adjustment of status applications. The Visa Bulletin for the… Continue Reading

By Bruce C. Rosetto and on Posted in EB-5, EB-5 Immigrant Investor Program, GT Alert

Congratulations! You have subscribed EB-5 investors, closed your offering, and provided the EB-5 funds to the project. Now what? As a general matter, EB-5 investors are either non-managing members of a limited liability company or limited partners of a limited partnership. In either situation, the EB-5 investor has limited managerial and voting rights, yet does… Continue Reading

By Jennifer Hermansky on Posted in China, EB-5, EB-5 Immigrant Investor Program, India, State Department, Vietnamese, Visa Bulletin

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

By Laura Foote Reiff, , , and on 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

By Jia Zhao on 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

By Jia Zhao on 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

By Laura Foote Reiff and on 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

By Greenberg Traurig on Posted in Awards & Recognitions

Global law firm Greenberg Traurig, LLP elevated environmental attorney Jillian C. Kirn and business immigration attorney Nataliya Rymer to shareholder. The firm also announced the elevation of litigation attorney Gregory T. Sturges to of counsel. All three attorneys are based in the firm’s Philadelphia office. To read the full press release, click here.

By Greenberg Traurig on 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.

By Robert Y. Maples˘ on 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

By Robert Y. Maples˘ on 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

By Robert Y. Maples˘ on Posted in EB-5, Government Shutdown

Late on Feb. 13, 2019, House and Senate Conferees on the Department of Homeland Security (DHS) Appropriations announced an agreement on DHS Appropriations for FY 2019 and the remaining six other outstanding FY 2019 Appropriations measures. The measure, HJ Res 31, or “the Omnibus,” is over 1,000 pages and deals with many areas of government, ranging… Continue Reading

By Greenberg Traurig on Posted in Awards & Recognitions

Kate Kalmykov, an Immigration & Compliance shareholder the New Jersey office of global law firm Greenberg Traurig, LLP, has been recognized as one of NJBIZ’s “2019 Best 50 Women in Business.” According to NJBIZ’s website, the award honors women business leaders that are prominent in their companies and industries, as well as their communities. The… Continue Reading

By Lou Metsu˘ and on 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

By Robert Y. Maples˘ on 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