My colleague, Martin Lawler, has provided some interesting insights into US Citizenship and Immigration Services’ (USCIS) issuance of receipts for I-829 petitions for removal of conditions on permanent status. Historically, when someone’s green card expires they are provided with a receipt that acts as proof of that person’s status for one year. Recently, we have noticed that some spouses and children of green card holders have been havi... Read More

Vietnamese EB-5 applications have been on the rise in recent years. This has officially lead to the EB-5 category becoming backlogged for Vietnamese nationals. This was expected, but is an interesting development. We expect that the priority date for Vietnamese nationals will advance faster that the date for mainland born Chinese nationals.    ... Read More

With EB-5 applications from India on the rise in recent years, and significant changes to the program underway, today we are providing readers with some key information to consider regarding Indian EB-5 application: Historically, the majority of Indian EB-5 applicants have sought “direct” investment opportunities, rather than investing through regional centers as there is potential for higher returns through these investments. This ha... Read More

The new law passed by Congress and signed into law by the President will extend the EB-5 program until September 30, 2018. This extension was enacted in a single reference in the bill (page 1,759, lines 20-24) which extended current regulations from September 30, 2015 to September 30, 2018. This means that for the time being the current rules, including the $900,000 minimum investment amount for investments in a Targeted Employment Area (TEA), ... Read More

We have just received confirmation that the current EB-5 regional center statute will be extended through September 30, 2018. This extension will be included in the funding bill expected to be passed on March 23rd. This is good news for potential EB-5 investors as it means that the minimum investment in a targeted employment area (TEA) will remain $900,000, rather than increasing to $925,000 or more. We are still waiting to see whether US C... Read More

It has come to our attention that some members of Congress are currently reviewing a proposal to meaningfully change EB-5, likely cutting down the number of individuals who will be able to use this program. The new law, which would theoretically be added to the new continuing resolution to fund the government set for a vote on March 23rd; it would have significant impact on EB-5. Key changes proposed include: The imposition of a 120-da... Read More

A New EB-5 Bill is Being Reviewed In Congress A new EB-5 bill is making its rounds in Congress this week. In order to fund the government past March 23rd, Congress will need to pass a continuing resolution, and this new EB-5 bill's supporters are hoping to attach it to this resolution. The proposed bill would make meaningful changes to the current Regional Center program including: Increasing rural and priority area investment amounts to ... Read More

United States Citizenship and Immigration Services (USCIS) appear to have stopped issuing I-829 application receipts to dependents of EB-5 visa applicants. These receipts are issued after an EB-5 visa applicant files their I-829 application to remove conditional resident status. They allow EB-5 applicants and, historically, their dependents to travel out of the US. At this point USCIS has begun issuing biometrics notices to applicants and thei... Read More

  The Chiayu Chang, et al. vs USCIS court case was centered around the question of whether or not the USCIS acted in an "arbitrary and capricious manner when it declared plaintiffs ineligible for visas because their investments came with a “call option,” which gave the company in which they invested the choice to buy plaintiffs out." The USCIS had rejected Chang's Form I-526 Petition because of the "call option" but after review the c... Read More

The United States congress has extended the Regional Center (RC) program until March 23rd, 2018. This is significant, as it may provide the most promising legislative option to get a solid look at reform and of a longer term approval for the RCs. This latest update provides Congress and existing EB-5 authorities to negotiate for another month, as well as investors another month to file their EB-5 under the $900,000 minimum requirement. It is ... Read More