As the numbers of filed I-526 Petitions have surged recently, there will arise new and unique issues largely due to the sheer volume of issues which can present themselves during
Continue Reading Layoffs Post I-829 Filing: Is it the Death Knell of a Permanent Green Card?
I-526 Petition
9月30日 国会表决通过临时拨款议案,EB-5 区域中心项目延续至2015年12月11日
昨天美国国会通过了联邦政府预算临时拨款议案,其中包括对EB-5区域中心计划短期延续至2015年12月11日。我们在9月14日曾写过对EB-5区域中心项目重新授权的前景预测。点击查看文章详情 今天国会通过的持续决议(continuing resolution)包含EB-5项目, 也同时包含E-Verify, the Conrad-30 Waiver项目,和非神职宗教工作者 (Non-Minister Religious Worker) 签证项目。这项持续决议将会暂时延续上述四项项目至2015年12月11日。议案113章规定了拨款时限,113章明确写出延续EB-5项目。
近几个月来,许多人都为EB-5区域中心去留问题颇感担忧。因为国会准备对EB-5进行改革,所以9月30日成为了一个通过区域中心投资移民申请者递交文件的硬性截止日期。因为复杂的立法过程可变因素很多,I-526投资者申请和范例申请(exemplar petition)一样,加速赶在9月30日“过期”前递交材料,也是合理的考虑。
但EB-5利益相关者目前需要考虑的一个重要问题是,为什么9月30日之前被定为截止日期。比如,国会从未就是否“让区域中心过期而不再授权”这个可能性有过任何正式讨论。从国会立法者提出的议案来看,EB-5区域中心最终会进行改革。在接下来的几个月中,利益相关者需要用这个机会,对于如何能使改革有效进行,以何种方式支持就业岗位创造,及哪些产业将会加入等问题,进行意见交流。
现在国会已经明确暂时延续EB-5项目至12月初,我们仅希望实质性改革和合理的过渡日期尽快相继出台。这样能使投资者、区域中心和通过投资创造就业岗位的项目能够在可预料 、稳定的情况下顺利进行。
Continue Reading 9月30日 国会表决通过临时拨款议案,EB-5 区域中心项目延续至2015年12月11日
September 30th Comes and Goes and the EB-5 Regional Center Program is Extended through December 11, 2015 in its Current Form
Today the U.S. Congress passed a government funding bill containing a short-term extension of the EB-5 Regional Center Program through December 11, 2015. We wrote previously about the EB-5 Regional…
Continue Reading September 30th Comes and Goes and the EB-5 Regional Center Program is Extended through December 11, 2015 in its Current Form
Retrogression FAQs for Chinese EB-5 Based Green Card Applicants
This post was updated April 22, 2015
As you may know, the EB-5 immigrant visa category will retrogress beginning May 2015. Below is a guide to the frequently asked questions we have been receiving since the announcement of retrogression.
1. What if I have a child who may age-out but my I-526 Petition has been approved? How can I preserve my child’s age for purposes of immigration?
The DOS has issued guidance that the following can freeze a child’s age for the purposes of the Child Status Protection Act (CSPA):
- Submission of the DS-260;
- Payment of the visa fee; OR
- Submission of a DS-230 to the NVC;
It is important to remember each of those activities listed above will freeze a child’s age for CSPA purposes. Thus, the most cost effective and less timely method is payment of the visa fee bill by cashier’s check as soon as an I-526 Petition approval notice is received. As noted immediately below, all applicants who have received approval of their I-526 Petitions before May 1, 2015, will be issued a fee bill (even past the May 1 cut-off date), thereby enabling those applicants with age-out children to freeze their children’s age for purposes of immigration.
Continue Reading Retrogression FAQs for Chinese EB-5 Based Green Card Applicants
Recap of the USCIS Lawful Source of Funds Public Engagement Feb. 26, 2015
USCIS held an informative session on Feb. 26, 2015 which went over common issues in a lawful source of funds analysis. Speaking from USCIS were three adjudication officers, two supervisors and Karen Harris, a division chief. USCIS stated its continued goal is to reduce I-526 petition processing times by streamlining adjudication. To this end, the call was meant to provide information to the public about common issues that arise over the course of USCIS review that often leads to the issuance of requests for evidence. The following were areas of source of funds analysis that USCIS focused on during the call:
1. Earned Income
Typically, earned income will come from employment or investments. When earned income comes from employment, USCIS stated such employment income can be proven by including:
- resumes,
- month salary verification (i.e. paystubs),
- employment certificates,
- affidavits,
- tax receipts, and
- bank statements.
However, USCIS made clear that objective third party evidence carries more weight than first person or self-serving evidence. For instance, a bank statement demonstrating a deposit of salary of an employment certificate signed by an employer carries more weight than an affidavit from the petitioner. Furthermore, multiple pieces of evidence which demonstrate consistency in the information are also important.
Continue Reading Recap of the USCIS Lawful Source of Funds Public Engagement Feb. 26, 2015
排期倒退、优先日期与I-526申请标准通知书
Following is the Chinese translation of a previously published blog post:
鉴于EB-5签证排期倒退迫近,现在就优先日期以及I-526申请批准书上涉及的有关内容做些基本介绍,正是一个合适的时机。美国联邦法律规定,每个财政年度EB-5签证的可用额度上限为10,000 名额. EB-5投资人提交I-526申请后,其I-526申请被美国移民局(USCIS)接收的日期,视为EB-5投资人的“优先日期”。排期倒退是指,签证额度达到上限后,美国国务院(DOS)必须根据过去的优先日期,给签证申请人划定一个截止日期,从而产生的时间滞期。打个形象的比方,EB-5签证好比是排队,EB-5投资人的优先日期就是其在长队中的位置。
Continue Reading 排期倒退、优先日期与I-526申请标准通知书
Retrogression, Priority Dates and I-526 Petition Approval Notices
With retrogression looming, it is a good time for a quick primer on priority dates and the information contained on an I-526 petition approval. U.S. federal law caps the number of EB-5 visas that are available each fiscal year at 10,000. When an EB-5 investor files an I-526 Petition, the day his or her I-526 petition is received at USCIS is the EB-5 investor’s “priority date.” Retrogression is the term which denotes the time period when the visa cap is reached and the U.S. Department of State (DOS) must establish a cut off-date for visa applicants based on a priority date in the past. An analogy might be to consider the EB-5 visa category as a queue and an EB-5 Investor’s priority date as his or her place in line in the queue.
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U.S. Department of State Issues October Visa Bulletin: EB-5 Visa Category Current
The U.S. State Department (the “State Department”) issued good news for Chinese EB-5 investors today. The October 2014 Visa Bulletin reflected the EB-5 visa is current for mainland-born Chinese EB-5 investors. As we noted in August, the State Department made an announcement that as of August 23, 2014, EB-5 immigrant visa numbers for Chinese nationals in the EB-5 category would be unavailable through September 30, 2014. This is consistent with our prediction that new EB-5 immigrant visa numbers would become available at the beginning of the government’s next fiscal year on October 1, 2014.
Continue Reading U.S. Department of State Issues October Visa Bulletin: EB-5 Visa Category Current