EB-5 Visas

News & Analysis as of

Department of State Releases December 2016 Visa Bulletin

No change in Dates for Filing chart; small gains in Final Action Dates chart. The US Department of State (DOS) has released its December 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs...more

Steps to Take Now to Avoid the EB-5 Dragnet

The Securities and Exchange Commission (SEC) is keeping an eagle eye on EB-5 projects these days, as evidenced by a dramatic increase in the number of fraud cases the agency has filed in federal courthouses across the...more

Immigration Filing Fees to Increase in December 2016

On October 24, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that increased fees for most immigration applications and petitions will be effective December 23, 2016. The fees will increase by an average of...more

Where Do the Presidential Candidates Stand on Employment Visas?

While many observers of the 2016 United States presidential campaign have called immigration policy one of the central issues in the election, the implications of that heightened attention to the issue are not equally clear...more

EB-5 Program Extended by Continuing Resolution to December 9 Without Changes

The U.S. Immigrant Investor Program (EB-5) has been extended through December 9, 2016, following the recent signing of a continuing resolution to fund the federal government and avoid a shutdown. The EB-5 Program provides a...more

October 2016 Visa Bulletin

The Department of State (DOS) has issued a Visa Bulletin update for the month of October 2016 and, for the first time since November 2015, the United States Citizenship and Immigration Services (USCIS) has announced...more

Department of State Releases October 2016 Visa Bulletin

Employment-based China and India First Preference and Worldwide Second Preference cutoff dates become “current” once again. The US Department of State (DOS) has released its October 2016 Visa Bulletin. The Visa Bulletin...more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

EB-5 Reauthorization Heading into Lame Duck Session of Congress

The extension of the reauthorization for the EB-5 Investor Visa Program may lapse on September 30, 2016. Whether lawmakers will invest time in EB-5 this coming month is an open question, but it is more probable than not that...more

Venture Capitalists and Immigration Proponents Likely Disappointed by USCIS Proposed Entrepreneurial Parolee Rule

Seyfarth Synopsis: USCIS proposes a regulation to grant special “parole” entry to certain foreign entrepreneurs backed by venture capitalists and angel investors. The rule is long and complicated, while the benefit granted...more

Department of State Releases September 2016 Visa Bulletin

Employment-based final action dates reflect modest advancement for the end of the fiscal year. The US Department of State (DOS) has released its September 2016 Visa Bulletin. The Visa Bulletin sets out per-country...more

I-526 Processing Delays Expected to Continue into 2017

According to data recently supplied by USCIS, there are more than 20,000 I-526 petitions pending adjudication as of the end of March 2016. This is a massive backlog of cases. What are the implications of this backlog to...more

Foreign Entrepreneurs Series | Part 2: Immigrant Visas

In May, we began a series discussing some of the issues faced by foreign entrepreneurs when starting businesses in the United States. In that post, we discussed the importance of evaluating available visa options before...more

SEC Sanctions Unregistered EB-5 Investments Broker

We previously warned that some individuals involved with arranging EB-5 investments may be required to register as broker-dealers (see "Immigrant Investor Program Raises SEC Broker Registration Issues" in the Summer 2014...more

Investor Visa Applications Skyrocket

The popular EB-5 immigration program has exceeded its applicant limit for the third consecutive year. Applications have more than doubled, from 13,526 during the first quarter of 2015 to 21,988 over the same period this year....more

Immigrant Visa Processing Changes – EB2 Worldwide continues to hover close to current; EB2/3 India and China remain backlogged;...

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more

Department of State Releases July 2016 Visa Bulletin

July sees minor advancements in EB-3 categories following a retrogression in June. The US Department of State (DOS) has released its July 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs...more

EB-5 Visa Program A Win-Win For Immigrants And Americans

The 1990 EB-5 green card program has been a controversial one for Americans, even as thousands of foreign nationals and American citizens reap the benefits of the program. Through the program, impoverished areas in the United...more

Allegations of Fraud in EB5 Program

Immigrants seeking an EB5 green card to enter the United States are often at risk of being taken advantage of by unscrupulous individuals. Eager to gain legal entrance to the United States, many overlook questionable...more

Department of Homeland Security Proposes USCIS Fee Increases

The United States Department of Homeland Security (DHS) has proposed increasing the fees that United States Citizenship and Immigration Services (USCIS) charges for certain immigration and naturalization filings. The proposal...more

With Its End in Sight, EB-5 Survives!

In an uninteresting turn of events last week, Congress has passed the Omnibus Bill, which contained a provision extending the EB-5 program until September 30, 2016, with no other changes to the program. As previously...more

Williams Mullen FDI USA News - December 2015

FDI USA News highlights the FAQs arising from your projects—from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep FDI News interactive and relevant to your international business. ...more

United States Congress Extends EB-5 Program without Changes

In a provision in the omnibus Fiscal Year spending bill, the U.S. Congress extended the EB-5 immigrant investment program until September 30, 2016, without any changes. The bill is currently expected to pass the Congress and...more

Budget bill brings both relief and disappointment (or Congressional leadership is both naughty and nice*)

Congressional leaders worked late into the night Tuesday to reach agreement on the federal budget (or omnibus appropriations in Washington-speak). Although the bill has not become law, passage is expected this week....more

US Department of State Issues November 2015 Visa Bulletin

The new bulletin shows no movement in filing date cutoffs and little movement in approval date cutoffs for those chargeable to India and China. The November 2015 Visa Bulletin shows little change from the October 2015...more

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