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Comments on USCIS "EB-5 Questions and Answers (updated Oct. 2023)"

On October 11, 2023, USCIS published on its web site a new Guidance on numerous aspects of the EB-5 program as affected by enactment on March 15, 2022, of the EB-5 Reform and Integrity Act of 2022 (RIA). While the guidance...more

10/13/2023  /  EB-5 , Investors , USCIS

Keeping EB-5 Regional Centers Alive

EB-5 regional centers approved before the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) have been given new clarity and mercy about the new Integrity Fee, but they remain in limbo about filing I-956 amendments...more

Recent EB-5 Developments Weigh Heavily on Participants

USCIS has issued meaningful new guidance about some important topics relating to the EB-5 Reform and Integrity Act of 2022 (RIA), i.e., the new $20,000 or $10,000 per year regional center (RC) integrity fee, USCIS...more

3/3/2023  /  EB-5 , Foreign Investment , Investors , USCIS

USCIS Publishes Draft Registration Form for EB-5 Promoters

The U.S. Citizenship and Immigration Services (USCIS) has published a draft Form I-956K for public comment with instructions for use by EB-5 securities "promoters," implementing a new and unusual statutory requirement for...more

9/7/2022  /  EB-5 , Investors , USCIS

Settlement Allows Previous EB-5 Regional Centers to Sponsor New Investors

An agreement settling litigation against USCIS overturns its initial interpretation of the EB-5 Reform and Integrity Act of 2022 (RIA) and allows regional centers (RCs) that were designated before RIA enactment to sponsor new...more

Analysis of New EB-5 Reform and Integrity Act of 2022

On March 15, 2022, the United States enacted the EB-5 Reform and Integrity Act of 2022 (the 2022 Act) as part of a large omnibus budget package of legislation. The 39-page compromise legislation grandfathers existing workers...more

EB-5 Reaches Crescendo of Confusion for Past and New Investors

Prospective EB-5 investors have watched 2019 regulations nearly double minimum investment amounts, only then to see those regulations judicially vacated in 2021 just as the regional center legislation expired on June 30,...more

3/2/2022  /  EB-5 , Investors , Legislative Agendas , USCIS , Visas

December Visa Bulletin Exposes a Tempting Option for China-Born EB-5 Investors

With regional center legislation expired for now, and almost all investors born in Mainland China having used a regional center sponsorship, there should be nearly zero Chinese investors waiting for an EB-5 visa number and...more

11/17/2021  /  China , EB-5 , Investors , USCIS , Visas

EB-5 Regional Center Law Expires; USCIS Clarifies Interim Approach

On June 30, the U.S. Citizenship and Immigration Services (USCIS) issued clear guidance about how it will implement the expiration of the regional center law as of midnight, until any renewal legislation becomes enacted or...more

7/1/2021  /  EB-5 , I-526 Petition , Investors , USCIS

A Swirl of EB-5 Developments

This week two major events occurred in the EB-5 investment visa program: (1) Congress failed to enact a law renewing the law authorizing regional centers and indirect investment and job creation, which expires June 30; and...more

Court May Invalidate 2019 EB-5 Regulations While Regional Center Legislative Expiration Looms

A magistrate judge in federal court in California seems likely soon to issue an order invalidating the 2019 EB-5 regulations despite current DHS Secretary Mayorkas' recent ratification of same. The probable results: (1)...more

5/14/2021  /  EB-5 , Investment , Investors , USCIS

The Impact of SEC's Expanded Definition of "Accredited Investor" on EB-5 Offerings

Last week, the Securities and Exchange Commission (SEC) expanded slightly who can qualify as "accredited investors." Many EB-5 issuers use securities registration exemptions that allow subscription and even solicitation of...more

EB-5 Redeployment Policy "Clarified" Retroactively

USCIS has updated its Policy Manual to retroactively "clarify" its policy on the parameters for "new commercial enterprises" (NCEs) to "redeploy" capital of EB-5 investors after the capital is returned from the original job...more

7/27/2020  /  EB-5 , Investors , Job Creation , USCIS

USCIS Re-Prioritizes EB-5 I-526 Adjudication Based on Visa Number Availability: The Good, the Bad, and the Ugly

USCIS has been falling farther and farther behind on adjudication of EB-5 filings. Last week USCIS suddenly announced that, starting March 31, 2020, it will adjudicate first I-526 petitions from investors for whom a visa...more

USCIS Policy Manual Changes to Implement EB-5 Modernization Regulation

On November 6, 2019, USCIS updated its Policy Manual to incorporate changes made by the EB5 Immigrant Investor Program Modernization Final Rule, published on July 24, 2019, and effective November 21, 2019, available at 84 FR...more

Court Overrules USCIS "Collateralization" Policy for EB-5 Investors

In about 2015, USCIS started denying petitions of EB-5 investors who used the cash proceeds of a loan as their source of funds unless the loan was collateralized by the personal assets of the investor. ...more

12/6/2018  /  EB-5 , I-526 Petition , Investors , USCIS , Visas

Visa Bulletin 2.0 and its Implications for Early Filing for Adjustment of Status

On September 9, 2015, the U.S. Government pleasantly surprised the immigration world by publishing a new type of monthly Visa Bulletin for October 2015 with USCIS announcement about a new approach to the timing of the ability...more

FINRA Issues Guidance on Suitability Rule for EB-5 Securities Transactions

FINRA has clarified that its Suitability Rule applies to broker dealers' assessment of EB-5 transactions, but that the broker can and should assess the immigration benefit among the economic interests of the investor. ...more

Summaries of Administrative Appeals Office EB-5 Decisions Posted for 2012

Below are my summaries of the 2012 EB-5 AAO decisions recently posted by USCIS, which can be a accessed from www.uscis.gov > Administrative Decisions and choosing the "Folders" for B7 and K1....more

8/6/2013  /  EB-5 , I-526 Petition , Immigrants , NAICS , USCIS , Visas
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