WR Immigration Director of Visa Consulting Charlie Oppenheim and Joey Barnett provide unique insights on the October EB-5 investor visa outlook. The team also covers the latest updates on the November Visa Bulletin. Watch below!
Chatting with Charlie Webinar: October EB-5 Investor Visa Outlook
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USCIS IMMIGRATION FILING FEES INCREASE EFFECTIVE APRIL 1
CONDITIONAL EB-5 PERMANENT RESIDENTS WHO FILE FORM I-829 REMOVAL OF PETITIONS BEFORE APRIL 1, 2024, CAN SAVE $5,775 By Joey Barnett This final rule increasing the government filing fee is effective April 1, 2024. Any benefit request postmarked on or after this date must be accompanied by the new fees established by this final rule. https://public-inspection.federalregister.gov/2024-01427.pdf Three things to know for EB-5 immigrant investors and Regional Centers: The increase for Form I-829 petitions will be from $3,750 to $9,525. Avoid wasting another $5,775 if you file your removal of conditions before April 1, 2024, and during the 90-day filing window. 2. New I-526/I-526E Filing Fee is $11,160. The increase for Form I-526 (direct) and Form I-526E (regional center) petitions will increase from $3,675 to $11,160. Avoid wasting $7,485 by filing before April 1, 2024. 3. New I-956 Filing Fee is $47,695. The filing fee for Form I-956, Application for Regional Center Designation will increase from $17,795 to $47,695. Save $29,900 by filing for a new Regional Center Designation before April 1, 2024. To schedule a consultation with a WR Immigration attorney to discuss your EB-5 case, please schedule here!
Strategies and Options for EB-5 Investors in Complex I-829 Situations
By: Joseph Barnett The Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status (“Form I-829”) is the final step of the EB-5 process in which the immigrant investor provides evidence of one’s sustained investment and job creation. A Form I-829 must be submitted within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status. Here are five things to know about Form I-829 filings in troubling situations. 1. Regional Center Termination. For those with conditional permanent resident status, the termination of a sponsoring Regional Center’s designation will not result in the termination of the immigrant investor’s immigration status. The EB-5 investor can still file the Form I-829 and get adjudicated with reliance on indirect job creation. 2. Bankruptcy of Job Creating Entity. USCIS has expressed in draft guidance that compliance with the requirement for an EB-5 immigrant investor to continuously maintain his/her capital investment over the two years of conditional residence may still be met in the event of a bankruptcy by the job creating entity. Note, if funds were repaid to a new commercial enterprise through a creditor claim in bankruptcy, USCIS will require an investor to demonstrate redeployment of such capital during […]
