News & Analysis as of

United States Citizenship and Immigration Services EB-5

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -

EB-5 Program Is Extended Without Changes Until December 8, 2017

by Cozen O'Connor on

On September 8, President Trump signed into law H.R. 601 which will keep the U.S. federal government open through December 8, 2017. As a result, the EB-5 Regional Center Program is now extended until such date without any...more

Extended Again: No Policy Changes for EB-5, Yet

by Goulston & Storrs PC on

In September, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 8, 2017. The Program has been similarly extended, with no change in policy, on multiple...more

Lawmakers May Not Spend Political Capital on Stand-Alone EB-5 Bill

The chances of a stand-alone EB-5 bill gaining consensus with lawmakers on Capitol Hill are low. With the GOP failing to repeal the Affordable Care Act, lawmakers may be spending time readjusting priorities in unexpected ways...more

SEC Continues Its Focus On EB-5 Immigrant Visa Fraud

by Fox Rothschild LLP on

Earlier this year we wrote about the Justice Department’s continuing efforts to combat fraud in the EB-5 immigrant visa program, with the filing of several federal lawsuits seeking the forfeiture of nine real properties...more

EB-5 Regional Center Program Extended to December 8, 2017

The EB-5 Regional Center Program authorization was set to expire September 30, 2017. The extension of the authorization until December 8, 2017 was part of the legislation (known as H.R. 601) signed into law by President Trump...more

Department of State Releases October 2017 Visa Bulletin

by Morgan Lewis on

EB-1 China and India once again become “current” as does EB-2 Worldwide. The US Department of State has released its October 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa...more

H.R. 601 Extends EB-5 Program and Provides $15.25B of Disaster Relief Funds

by Ballard Spahr LLP on

President Trump has signed into law H.R. 601, a continuing resolution that funds the federal government through December 8, 2017, and thereby extends the EB-5 Regional Center Program beyond September 30, 2017—the end of the...more

Department of State Releases September 2017 Visa Bulletin

by Morgan Lewis on

EB-2 Worldwide moves forward; EB-3 Worldwide remains “current.” The US Department of State has released its September 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability...more

Reinvestment of EB-5 Funds in a New Project Can Maintain the "At-Risk" Requirement

by Ballard Spahr LLP on

One of the more popular topics among EB-5 project owners and practitioners in recent years is the requirement that investors' funds remain "at risk" as a bona fide "investment." Complications arise regarding maintenance of...more

Department of State Releases August 2017 Visa Bulletin

by Morgan Lewis on

EB-2 Worldwide to retrogress; EB-3 Worldwide is “current.” The US Department of State has released its August 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability and the...more

Congressional Spending Bill Reauthorizes Important Immigration Programs

by Littler on

On May 4, 2017, Congress passed an appropriations bill to fund the federal government through Fiscal Year 2017. The bill also extended four immigration programs through September 30, 2017. These programs are E-VERIFY, the...more

Department of State Releases June 2017 Visa Bulletin

by Morgan Lewis on

Significant retrogression for EB-1 India and China. The US Department of State has released its June 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability and the flow...more

Extended Again: No Policy Changes for EB-5, For Now

by Goulston & Storrs PC on

The EB-5 Regional Center Program has received yet another extension, this time through September 30, 2017. The Program has been similarly extended, with no change in policy, on multiple occasions since its previously...more

Government Funding Bill Released; EB-5 Program Intact Through September

by Ballard Spahr LLP on

As reported by Ballard Spahr in previous Alerts, many members of Congress have proposed and considered several reform measures to the U.S. Immigrant Investor Program, known as "EB-5," over the past several years....more

Department of State Releases May 2017 Visa Bulletin

by Morgan Lewis on

Expect some retrogression in EB-1 and EB-2 cutoff dates in the coming months. The US Department of State has released its May 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa...more

The Future of EB-5 is Being Viewed through a Different Lens

by Goulston & Storrs PC on

Developers, investors and other stakeholders are looking for signs as to how the new administration will approach legal immigration, specifically immigration fostered by the EB-5 Regional Center Program. As we reported in...more

Bigger Investments Proposed for EB-5 Projects; Investors Scramble to Beat Deadline

by Ballard Spahr LLP on

As we have previously reported, many members of Congress have proposed and considered several reforms to the U.S. Immigrant Investor Program known as "EB-5" over the past several years. The reforms included making the...more

Department of State Releases April 2017 Visa Bulletin

by Morgan Lewis on

No change in Dates for Filing chart again, but small advances in Final Action Dates chart. The US Department of State has released its April 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate...more

Department of State Releases March 2017 Visa Bulletin

by Morgan Lewis on

No change in Dates for Filing chart again; China EB-3 advances 6.5 months in Final Action Dates chart. The US Department of State (DOS) has released its March 2017 Visa Bulletin. The Visa Bulletin sets out per-country...more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

Department of State Releases February 2017 Visa Bulletin

by Morgan Lewis on

No change in Dates for Filing chart again; scant advancement in Final Action Dates chart. The US Department of State (DOS) has released its January 2017 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

Proposed Changes To The EB-5 Immigrant Investor Program

The U.S. Department of Homeland Security (“DHS”) released yesterday in a Notice of Proposed Rulemaking a set of proposed changes to the EB-5 immigrant investor program, increasing the required investment amounts from $1...more

2016/2017 Labor & Employment Observer

by Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

USCIS Seeks Public Input on the EB-5 Program

by Cozen O'Connor on

On January 11, 2017, the U.S. Department of Homeland Security’s United States Citizenship and Immigration Services (USCIS) published an Advance Notice of Proposed Rulemaking (ANPRM) to gather information relating to the EB-5...more

Update: EB-5 Program Receives Another Short-Term Extension

by Goulston & Storrs PC on

On December 9, 2016, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through April 28, 2017. The Program has been similarly extended, with no change in policy, on...more

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