News, Updates, and Insights

Category
Countries

What Does the December 2021 Visa Bulletin Mean for New “Direct” EB-5 Investors?

The December 2021 Visa Bulletin states that the EB-5 direct visa categories have become “Current” for December 2021, including for nationals born in mainland-China or India or Vietnam.  This means that “direct’ EB-5 investors with Form I-526 approvals at this time can immediately apply for an immigrant visa at a U.S. Consulate or Embassy or […]

Direct EB-5 Due Diligence: Buyer Beware (and Immigration Attorneys Be Cautious)

Authored by Joseph Barnett and Bernard Wolfsdorf, on behalf of AILA EB-5 Committee There has been a lot of recent interest from prospective immigrant investors in direct EB-5, including “pooled direct” investments.  This is partially because the more popular EB-5 Regional Center program is waiting for reauthorization, and the (likely temporary) minimum investment requirement presently […]

How has COVID changed the global migration landscape?

A once-in-a-century pandemic brought the world to a screeching halt and upended daily life. Freedom of mobility was put on pause as travel restrictions, lockdowns and border shutdowns became the new norm. All industries worldwide were impacted. In the global residency and citizenship by investment industry, the pandemic had a slightly unexpected impact among investors and entrepreneurs. The […]

Update on the EB-5 Regional Center Program

September 2021 will come and go without a reauthorization of the EB-5 Regional Center Program, leaving over 85,000 foreign nationals in immigration limbo after investing a minimum of $500,000 into the U.S. economy.  Since the program lapsed on June 30, 2021, the EB-5 Industry has made efforts to spare current EB-5 Regional Center investors the […]

Top Five Changes Needed to the International Entrepreneur Parole Rule

The International Entrepreneur Rule (“IER”) was created to spur innovation within America as the U.S. competes with other countries to attract entrepreneurs.  The IER provides a temporary immigration benefit pursuant to the Secretary of Homeland Security’s discretionary parole authority at Section 212(d)(5) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(d)(5) for international […]

USCIS Releases Guidance on EB-5 Regional Center Lapse

The EB-5 Immigrant Investor Regional Center Program expires at the end of the day on June 30, 2021, due to a lapse in Congressional authorization to continue the program. USCIS has released the following guidance today:  Alert: Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program will expire at midnight on June 30, 2021, unless Congress reauthorizes […]

DHS to Withdraw Trump Opposition to International Entrepreneur Parole Rule

There have been reports that U.S. Department of Homeland Security (“DHS”) will soon be withdrawing the Trump Administration’s plan to remove the International Entrepreneur Parole Program. This would be part of President Biden’s and DHS’ Secretary Alejandro Mayorkas’ “America First” policy of growing the U.S. economy The International Entrepreneurial Parole provides eligibility to certain entrepreneurs […]

Could EB-5 Green Cards Be Processed in 2 Years Without Expedites? Will I-526 EB-5 Petition Processing Dramatically Improve In Near Future?

By Bernard Wolfsdorf When I first started filing EB-5 petitions many years ago, my clients were frustrated if their EB-5 petitions took 6 months to process. Today, USCIS’ published processing time for an I-526 petition is between 30 and 48.5 months, and if from China, which is quota backlogged, it is between 63.5 and 80.5 […]

7 Years for a “Special” Form I-526 Approval

On April 14, 2021, U.S. Citizenship and Immigration Services (“USCIS”) approved our former client, Mr.  Zhang’s, Form I-526 – Immigrant Petition by Alien Entrepreneur.  His case had been pending since December 2013.  This is a special Form I-526 approval, as Mr. Zhang was one of the two named plaintiffs in Zhang v. USCIS et al.¸ […]

I-829 Processing Times Have Run Amok

USCIS is reporting online that the estimated processing time for a Form I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status at Immigrant Investor Program Office is now 37 to 248 months.  USCIS is only allowing case inquiries for cases filed before August 6, 2000.  This is preposterous, especially considering that USCIS is […]

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 […]

Four New Year’s Resolutions to Prepare for Immigration Policy in the Trump Administration

By: Robert Blanco, Esq. President-elect Trump made immigration a significant issue in his campaign, promising to enact a host of immigration policies focusing on curbing illegal immigration and increased screening procedures. Although the details of any new immigration policies have not been set, it is likely that there will be an increase in enforcement and more restrictive […]