EB-5 Visas

News & Analysis as of

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

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for...more

Short-Term Government Funding Measure Extends EB-5 Regional Center Program through December 11, 2015

A looming federal government shutdown has been narrowly averted through the enactment on September 30, 2015 of a continuing resolution that extends funding for federal agencies through December 11, 2015. Included in this...more

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

Reform on the horizon for the popular EB-5 Program

The 2016 political season has kicked into high gear, sparking lively discussions about major issues affecting the country. Two of the most significant issues being debated among the candidates are the economy and immigration....more

The Other EB Visa for Foreign Investors? EB-1(c) Visas as an Alternative to the EB-5 Visa

Overview - I have written a few articles regarding the over-promotion of the EB-5 visa program from the standpoint that frequently the foreign investor’s desire for a Green Card is over-zealous before considering all of...more

U.S. Visa Categories Leave Entrepreneurs Few Options

Many of Julie Ferguson’s immigration law clients are entrepreneurs seeking to launch startups in the United States. They come from all over the world, but Ms. Ferguson, who practices in Miami, sees especially high numbers...more

Department Of State Releases September 2015 Visa Bulletin

Cutoff dates for EB-2 China and India retrogress to January 1, 2006. Cutoff dates for EB-3 China, India, and the Philippines advance to December 22, 2004....more

Changes on the Horizon for EB-5 Immigrant Investor Visa Program

The Obama Administration released a report on July 15 titled “Modernizing & Streamlining our Immigration Legal System for the 21st Century.” The Report, which builds upon the President’s executive action on immigration...more

Department of State Releases August 2015 Visa Bulletin

Cutoff dates for EB-3 Philippines available, but backlogged to 2004. Cutoff dates for EB-3 China backlogged to 2004, while cutoff dates for Mexico and the rest of the world advance by three and a half months. Cutoff dates for...more

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