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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: I-526

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

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

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

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

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

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 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 Department of State, EB-5, EB-5 Immigrant Investor Program, EB-5 Legislation, EB-5 Program, Government Shutdown, I-526, I-829, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, NOID, RFE, shutdown, USCIS

The U.S. federal government shut down at the end of the day on Dec. 21, 2018, and the president did not sign into law the extension of the EB-5 program passed by the Senate. Until the shutdown ends, and the Regional Center EB-5 program extension is signed into law, no new I-526 petitions can be… 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 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 China, Department of State, EB-5, EB-5 Legislation, EB-5 Processing Times, EB-5 Program, Green Cards, I-526, Immigrant Green Card, Immigrant Investor, Immigration, Immigration Law, State Department, USCIS, Vietnamese, Visa

This coming October, USCIS is allowing a number of foreign nationals to apply for adjustment of status earlier than they would otherwise be eligible. Specifically, USCIS has announced that it will allow individuals with immigrant petitions in employment-based categories to apply for adjustment of status based on the cutoff dates in the “Dates for Filing” Chart… Continue Reading

Posted in EB-5, EB-5 Immigrant Investor Program, I-526, Immigrant Investor, Immigrant Visa, Immigration, Immigration Law, President Trump's Administration, USCIS

EB-5 investors should maintain their eligibility for conditional permanent resident status, especially during any period of visa backlog occurring in between the time of I-526 Petition approval and when the investor’s priority date becomes current. This is the second post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for… Continue Reading

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

On Aug. 24, 2018, U.S. Citizenship and Immigration Services (USCIS) made a significant update to its Policy Manual, Part G: Immigrant Investors. In its Policy Alert, USCIS outlined the changes to the Policy Manual. Notable among the updates was the following: Policy Highlight 5 Explains that USCIS considers a change in regional center affiliation a… Continue Reading

Posted in I-526, I-924, Immigrant Investor, USCIS

On Nov. 7, 2017, United States Citizenship and Immigration Services (USCIS) Immigrant Investor Program Office (IPO) held an EB-5 stakeholder program at their New York City field office. GT attorneys Kate Kalmykov and Kristen Ng attended the in-person session.  During the engagement, key members of the IPO addressed: 1) updates from the IPO; 2) priorities for… Continue Reading

Posted in For I-924A, Privacy Act notice, USCIS

On Aug. 24, 2017, USCIS hosted a webinar to provide guidance on Form I-924A for the fiscal year 2017.  Form I-924A is used by regional centers to demonstrate continued eligibility for regional center designation.  Regional centers that remain designated for participation in the program as of Sept. 30 of a given year must submit Form… Continue Reading

Posted in National Visa Center, USCIS, Visa, Visa Bulletin

在2017年6月与7月间,国家签证中心(“NVC”)对大量之前已收到案件审核完毕确认信并在等待安排面试的移民签证案件发布了的新的通知。 值得您注意的是,从2016年10月起,NVC开始根据美国国务院颁布的签证排期表中的申请递件排期表(表B)的截止日,来发送缴费通知和启动移民签证的案件处理。但是这些最新的通知却向之前已经被NVC审理完毕的案子再次发出确认案件由美国移民局转移到了NVC,并要求申请人提交移民签证申请和支持文件的通知。 现在我们已经澄清这些通知是错误的,NVC目前正在更新收到这些错误通知的案件的信息。这些案件是指那些之前已经收到NVC确认案件审核完毕,并且优先日已经在表B截至日期前的案件。我们已经收到确认,在以上情况下收到的NVC错误的通知(告知案件刚被转移到NVC或者再次要求申请人递交申请文件)可以会被忽略。 在NVC审查每个案件的状态后,如果以前接受的任何文件需要重新提交,NVC将向代理人发送通知。除此之外,之前已经完成审核并等待移民签证面试的案件将按之前案件审核完成的日期为准重新返回等待面试的队列,并且NVC会给申请人及其律师/代理人发送新的通知信。 NVC将会在这些受到影响的案件恢复后提供确认,届时,NVC将能够更好地回答有关具体案件状态的详细问题。NVC预计该过程大约需要两周时间。 GT将继续更进,并提供关于NVC进展情况的更新。请订阅此博客以获取更新。

Posted in National Visa Center, USCIS, Visa, Visa Bulletin

In June/July 2017, the National Visa Center (NVC) issued notices for a large number of the immigrant visa cases, which had been previously confirmed completed and awaiting interview scheduling by NVC. As a reminder, in October of 2016, NVC began issuing immigrant visa fee bills and processing cases when their priority date became current based on… Continue Reading

Posted in EB-5 Legislation, EB-5 Program, USCIS

On June 30, USCIS released its Annual Report 2017 to Congress on matters relating to its mission – “Congress charged us with the duty to aid applicants and their sponsors who are experiencing difficulties applying for immigration benefits with U.S. Citizenship and Immigration Services (USCIS). In addition, Congress bestowed on us the responsibility of identifying… Continue Reading

Posted in EB-5, EB-5 Program, I-526, Immigrant Investor, USCIS, Visa

USCIS recently announced the release of a new edition of Form I-526, with the new edition dated 04/10/2017. Starting on June 9, 2017, USCIS will only accept the 04/10/2017 edition.  Until then, investors can use the 12/23/2016 edition. Both editions of Form I-526 are available to download at no cost on the USCIS website. Investors… Continue Reading

Posted in EB-5 Program, USCIS

EB-5投资移民的一个关键要求是需要每个投资人以优势证据(“preponderance of evidence”)表明,他们投资到新商业企业的资金来自合法来源。由于许多国家的货币限制,投资人可能会通过私人资金交换的方式来与第三方互换货币。这种类型的私人货币兑换和在中东流行的“哈瓦拉”系统可能比较相似。 在典型的EB-5货币互换中,投资人将以本地货币转入第三方(实体或自然人)的账户中。然后,第三方再以等额的美元资金转入投资人的海外账户。投资人然后把收到的美元投资到一个新的商业企业。该投资人将妥善记录此货币互换交易,并提交I-526请愿书。通常情况下,投资人并没有提供关于第三方资金来源的任何信息. 直到最近,美国移民局并没有质疑协助货币互换的第三方的资金来源。不过,美国移民局似乎已经改变了内部政策,并已开始对每个使用第三方协助资金交换的案件发出补件要求。该政策似乎针对所有第三方,无论是实体还是自然人。因此,已经提交I-526申请,但未提供文件证明第三方资金来源的投资人应开始考虑,并为可能发出的补件要求做准备。尚未提交I-526申请,但打算使用第三方资金交换方式来将货币转到美国的投资人应考虑收集有关第三方资金来源的文件,这样可能有助于减少收到补件要求的可能性。

Posted in EB-5 Program, USCIS

A crucial requirement of the EB-5 Program is that each individual demonstrate by a preponderance of evidence that the monies invested in a new commercial enterprise were derived from a lawful source. Due to currency restrictions in many foreign countries, individuals may swap currency in a private exchange of funds. This type of private currency… Continue Reading