In our final 2023 Chatting with Charlie: EB-5 Investor Outlook, WR Immigration Director of Visa Consulting Charlie Oppenheim and Joey Barnett provide unique insights on the January 2024 Visa Bulletin and what to expect from the EB-5 investor visa program. Watch below!
By: Bernard Wolfsdorf and Joseph Barnett Yesterday USCIS released new guidance on the EB-5 Visa which updates the adjudication policy on issues related to Form I-526 and Form I-829 petitions. In particular, the new guidance attempted to clarify the “at risk” requirements for Form I-526 approval and the “sustainment” requirement for Form I-829 approval. We blogged on the specifics yesterday, and now we’ve had time to digest the changes. Here are 3 things we like, and 3 things we don’t like, about USCIS’ new guidance: Things We Like USCIS Policy Now Consistent with EB-5 Regulations. Applicable regulations indicate that a Form I-829 must be accompanied by evidence that the EB-5 investor “in good faith, substantially met the capital investment requirement of the statute and continuously maintained his or her capital investment over the two years of conditional residence.” USCIS has now clarified its policy to be consistent with the regulations: “The sustainment period is the investor’s 2 years of conditional permanent resident status. USCIS reviews the investor’s evidence to ensure sustainment of the investment for 2 years from the date the investor obtained conditional permanent residence. An investor does not need to maintain his or her investment beyond the sustainment period.” USCIS Shows Understanding of Reality of […]
USCIS processing times have been frustratingly long and made even worse due to COVID-19. Unfortunately, the delays are now getting longer and adversely impacting the lives of employers, employees and families. As a result, more immigrants are turning to the courts for a solution. The judicial system can provide relief when experiencing unreasonable delays for immigrant benefits – including processing an employment authorization document (EAD) and advance parole travel permits (AP) after an adjustment of status application has been filed. Depending on the facts, WR Immigration (WR) has a solution to compel USCIS to finalize adjudication within a reasonable amount of time by filing a lawsuit in federal court. Filing a lawsuit against USCIS to adjudicate an EAD/AP has sadly become more common in other U.S. immigration contexts, such as for nonimmigrants on H-4 visas seeking work permission. The same legal theories can be applied to persons with pending adjustments including EB-5 investors with pending EADs/APs. EAD/AP applications that have been pending for well over 6 months may now be actionable. In this process, WR attorneys prepare a complaint including information about each individual’s case and then the lawsuit is filed in federal district court. After serving a summons and the […]
