Managing Partner Bernie Wolfsdorf was recently featured on the very first episode of the EB5 Investor’s podcast. In this insightful conversation with Ali Jahangiri, Bernie explains new program requirements since June 2nd, 2022, and gives his insight on the Behring case.
Watch the podcast here.
By WR Immigration – Joseph Barnett, Jinglin “Kim” Sogbesan, Bernard Wolfsdorf Summary – Two USCIS Policy Updates regarding CSPA New USCIS Policy on CSPA Age Calculation Effective Since February 14, 2023: USCIS Policy Updates on “Sought to Acquire” Requirement under CSPA Effective Since August 24, 2023: Background: Age at time of visa availability – Pending petition time = CSPA Age. Issues Prior to USCIS Updates: USCIS Updates : What is the main content of USCIS Policy Alert issued on February 14, 2023? What is the main content of USCIS Policy Alert issued on August 24, 2023? IMPACT OF THE UPDATES: With the Feb 14, 2023 revised guidance, a child’s CSPA age will be locked, on the first date of the month that USCIS accepts filing of the child’s adjustment of status application, following the monthly USCIS Adjustment of Status Acceptance Chart, when the child files Adjustment of Status application within one year from the first date of the month when USCIS accepts filing of the child’s adjustment of status application. Furthermore, with the Aug 24, 2023 revised guidance, many derivative children who have missed their “one-year window” for filing Adjustment of Status applications because they could not calculate their CSPA age […]
By Joey Barnett The EB-5 Reform and Integrity Act of 2022 (“RIA”) created new EB-5 reserved visa set-aside categories which allow certain visa bearing nonimmigrants lawfully in the U.S. to concurrently file an adjustment of status application on Form I-485 with the Form I-526E, Immigrant Petition by Regional Center Investor. The U.S. Citizenship and Immigration Service (“USCIS”) has also heeded Congress’ directive to prioritize the processing and adjudication of EB-5 petitions for investment projects located in rural area, and USCIS has approved several Forms I-526E in as quick as 3-4 months! Some adjudications on Forms I-526E for investments in a “High Unemployment Area” are taking “only” 12-14 months. This “last-in-first out” LIFO approach to processing post-RIA cases is frustrating to investors who filed petitions in 2019 (or in some cases 2018) before the Regional Center program lapsed in June 2021. WR Immigration has filed hundreds of Forms I-526E and have already received dozens of approvals. Here are next steps for the immigrant investor and his/her family. 1. Form I-526E Approval Notice. The Form I-797C, Notice of Action indicates that the Form I-526E has been approved for one or more visa classifications and lists two visa categories – both reserved and […]
