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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: GT

By Patty Elmas* on Posted in China, EB-3, EB-5, India, Vietnamese, Visa Bulletin

In the EB-1 category, the Dates of Filing is now current for all countries of chargeability except for China and India. For November, USCIS allowed I-485 filings based on Dates of Filing rather than Final Action dates; however, EB-1 was retrogressed for all categories, allowing only certain applicants to file. USCIS has not issued the… Continue Reading

By Kate Kalmykov and on Posted in Department of State, Immigration, Immigration Reform, President Trump's Administration

On Oct. 4, President Donald Trump signed a new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System,” which goes into effect Nov. 3 and affects most immigrant visa applicants. This Presidential Proclamation is separate from the Public Charge Rule, which is on hold in the… Continue Reading

By Robert Y. Maples˘ on Posted in Continuing Resolution (CR)

President Trump signed the latest Continuing Resolution into law Friday night (Sept. 27) extending government operations and vital programs, such as EB-5,  through Nov. 21 – Bill Announcement Healthcare Issued on: September 27, 2019 All News On Friday, September 27, 2019, the President signed into law: H.R. 4378, the “Continuing Appropriations Act, 2020, and Health Extenders Act of 2019,”… Continue Reading

By Robert Y. Maples˘ on Posted in Continuing Resolution (CR), EB-5, Legislation, President Trump's Administration

Today, the U.S. Senate approved the House-passed Continuing Resolution (CR; H.R. 4378 ) to fund the U.S. government through Nov. 21 by a bipartisan vote of 82-15. The last step in the process is the president’s signature which, according to media reports, remains likely. Please contact your GT attorney with any specific questions and check back… Continue Reading

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

Yesterday, House Majority Leader Steny Hoyer (D-MD) introduced a continuing resolution (CR) to fund government from end of the current fiscal year, Sept. 30, until Nov. 21, 2019. By a vote of 301-123, the House today passed H.R. 4378, the CR that will fund the government through Nov. 21. To EB-5 advocates, this timing is significant… Continue Reading

By Robert Y. Maples˘ on Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Job Creation, EB-5 Modernization Rule, EB-5 Program, Immigrant Investor, Immigration Reform, Legislation

According to multiple media sources and independently confirmed, last week U.S. Senator Rand Paul (R-KY) circulated a “Dear Colleague” letter seeking co-sponsors to a process called the Congressional Review Act (CRA) to negate the recently proposed Obama-era EB-5 regulations. The CRA provides Congress with a 60-day window to seek sufficient support – here, 30 senators… Continue Reading

By Greenberg Traurig on Posted in Department of Homeland Security, EB-5, EB-5 Immigrant Investor Program, EB-5 Program, USCIS

In a recent Law360 article, Jennifer Hermansky, shareholder in Greenberg Traurig’s Philadelphia office, provides insight on how attorneys can prepare clients for unannounced site visits and questions from the government given the U.S. Citizenship and Immigration Services’ recent efforts to step up compliance checks on the EB-5 investor visa program. She shares a few strategies… Continue Reading

By Dillon Colucci on Posted in Department of Homeland Security, EB-5, EB-5 Immigrant Investor Program, EB-5 Industry stakeholder groups, EB-5 Investment, EB-5 Job Creation, EB-5 Legislation, EB-5 Modernization Rule, EB-5 Processing Times, EB-5 Program, EB-5 Project, I-526, I-829, I-924, Uncategorized

After years of delay the Obama-era EB-5 immigration regulations were published on July 24, 2019. You can find a copy of the regulations at this link. You can also find a summary of them here. The regulations only apply to those who file their I-526 Petitions on or after Nov. 21, 2019. Without further ado,… Continue Reading

By Yalexa Matos on Posted in China, EB-3, EB-5, Visa, Visa Bulletin

The Department of State (DOS) August 2019 Visa Bulleting shows significant retrogression in employment-based (EB) categories. In the EB-1 category, final action dates retrogress to July 1, 2016, for all countries of chargeability except for India. The cutoff date for India’s EB-1 category remains at Jan. 1, 2015. The EB-2 category retrogresses to July 1,… Continue Reading

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

Today, the U.S. House of Representatives approved H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, that eliminates per-country quotas for all employment-based immigrant visa petitions by a wide, bipartisan vote of 365-65. The bill includes language helpful to the EB-5 program relating to a transition period for implementation, as explained – Fairness for… Continue Reading

By Robert Y. Maples˘ on Posted in Department of Homeland Security, EB-5, EB-5 Business Plan, EB-5 Immigrant Investor Program, EB-5 Investment, EB-5 Job Creation, EB-5 Legislation, EB-5 Program, Immigration Law, OMB, President Trump's Administration

Today, OMB posted that they have concluded their review of the Obama-era EB-5 regulations. On Jan. 13, 2017, the Department of Homeland Security published a notice of proposed rulemaking to significantly raise minimum investment levels and other programmatic changes to the EB-5 program (see related GT EB-5 Insights post here). It is unclear what specific actions… Continue Reading

By Michelle S. Velasco on Posted in EB-5, EB-5 Immigrant Investor Program, I-526, Immigrant Investor, Immigrant Visa, Immigration Law, India

Is there a mechanism by which my child or children may continue to be eligible for immigrant visas as my dependents based on my approved I-526 petition and if so, how does it work? Yes, the Child Status Protection Act (CSPA) was enacted in order to protect children of petitioners against lengthy petition processing times. Where… Continue Reading

By Michelle S. Velasco on Posted in EB-5, EB-5 Program, India, Retrogression, State Department

The July 2019 Visa Bulletin has been released, and it confirms retrogression for the EB-5 visa category for nationals of India, earlier than many in the industry had anticipated. As of July 1, 2019, only approved Indian EB-5 investors whose EB-5 petitions (I-526 forms) were filed earlier than May 1, 2017, will be able to proceed… Continue Reading

By Michelle S. Velasco on Posted in EB-5, EB-5 Immigrant Investor Program, EB-5 Investment, Form 1-407, Immigrant Investor, Immigrant Visa, USCIS

Starting July 1, 2019, international offices of the U.S. Citizenship and Immigration Services (USCIS) will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Residence Status. On that date and going forward, all I-407 forms must be sent by mail to the address below. USCIS anticipates that processing of the form, from receipt… Continue Reading

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

On June 4, 2019, the Kenan Institute released a timely policy brief, “Immigrant Entrepreneurship: An American Success Story,” on the value of highly skilled and motivated foreign entrepreneurs to the U.S. economy. The brief states, “When looking at the founding of the United States’ largest startups…[t]he immigrant-founded startups employ an average of more than 1,200 workers… Continue Reading

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