The EB-5 Immigrant Investor Program is the pathway of choice to U.S. permanent resident status for foreign investors around the world, and while it is among the easiest and quickest routes to U.S. immigration, it still encompasses a myriad of requirements, such as the “at risk” requirement. EB-5 applicants must maintain their EB-5 investment capital […]
While the industry saw significant delays in the publishing of the November 2020 Visa Bulletin, a closer-to-timely release of December’s bulletin indicates the State Department’s efforts to play catch-up. That said, apart from most countries in the EB-5 program maintaining current final action cut off dates, the news still isn’t as promising as the EB-5 […]
The 2020 U.S. presidential election has been one of the most contentious in recent history, with growing polarization fueling animosity on both sides of the political spectrum. After four tense days of Americans’ eyes glued to the results as they rolled out, Joe Biden was finally declared the projected winner of the election. It’s clear […]
United States Citizenship and Immigration Services (USCIS) regularly releases comprehensive processing data on the different types of petitions it works with on its Immigration and Citizenship Data page, albeit with a several-month-long delay. In November 2020, the immigration body finally published the processing data for FY2020 Q3 (April to June 2020), and it doesn’t paint […]
When foreign nationals commit to making an EB-5 investment in the EB-5 Immigrant Investor Program, it isn’t clear when exactly they will receive their conditional permanent resident status in the United States. An investor and their immediate family members are eligible for conditional U.S. green cards following approval of the investor’s I-526 petition, but processing […]
1. What is an EB-5 visa? An EB-5 visa is an immigration visa for U.S. permanent residency, also known as a green card. An EB-5 visa is an employment-based green card that is based on U.S. job creation and investment. Most other immigration visas are derived from either family-based relationships or employment-based sponsorships. 2. What […]
Despite the EB-5 Immigrant Investor Program being among the quickest ways to obtain U.S. residency, the wait time can be long—often two years and sometimes longer. For EB-5 investors from countries not listed as “current” in the monthly Visa Bulletins, the wait is longer: five to 15 years. The benefits of living in the United […]
Are you aware that if you are an immigrant already living in the United States, you may be able to obtain your green card by making an EB-5 investment? Each year, numerous immigrants invest in the EB-5 program domestically, receiving U.S. permanent resident status for themselves and their immediate family members upon successful completion. So, […]
If anyone looks up the estimated processing time range for I-829 petitions as listed on the United States Citizenship and Immigration Services (USCIS) Check Case Processing Times page today, November 3, 2020, they may be in for a shock. The lower figure in the range is 36.5 months—nothing shocking about that number—but the higher figure […]
The EB-5 Immigrant Investor Program may be one of the quickest and simplest pathways to U.S. permanent residency, but that doesn’t mean the process is necessarily quick or simple. Lengthy wait times have long plagued the EB-5 program, particularly for investors from backlogged countries. Excessive EB-5 demand is clearly one contributing factor to long wait […]
The devastation that the COVID-19 pandemic has caused, including in the United States, is not news to anyone. As the world moves into a second wave and Europe sees the re-emergence of lockdown measures, immigration may be the last thing on most people’s minds. But in fact, the COVID-19 pandemic may present the perfect opportunity […]
A life in the United States is highly sought after among foreign nationals around the world. For foreign investors and entrepreneurs, there exist multiple pathways to gain residency in the world’s largest economy, each with its own pros and cons. Two popular U.S. immigration programs for foreign investors and entrepreneurs include the E-2 visa program […]
One of the many requirements the EB-5 Immigrant Investor Program imposes upon those who make an EB-5 investment, the obligation to prove the lawful source of funds of the full EB-5 investment has long represented one of the most challenging aspects of an EB-5 investor’s I-526 petition. While EB-5 investors can use EB-5 investment capital […]
The EB-5 Immigrant Investor Program has always been complicated, with various pathways for foreign nationals to choose when making their EB-5 investment and pursuing U.S. permanent resident status for themselves and their immediate family members. With so many moving parts, every EB5 investment looks different, but successful every EB-5 path, no matter starkly it deviates […]
As we enter the second month of FY2021, the EB-5 final action dates show no sign of jumping forward rapidly. The figures come as a disappointment to the many Chinese and Vietnamese applicants with EB-5 investments waiting to finally begin their new lives in the United States. FY2021 has potential to be a phenomenal year […]
The EB-5 Immigrant Investor Program, which carves out a pathway for foreign investors to obtain U.S. green cards for themselves and their immediate family, offers two types of investment projects: those located within a targeted employment area (TEA), and those that are not. The majority of foreign nationals who make an EB-5 investment to obtain […]
The I-526 petition is the first step to initiating the EB-5 process with United States Citizenship and Immigration Services (USCIS). In an I-526 petition, an EB-5 investor outlines details about themselves and their chosen EB-5 project, including the likelihood of the new commercial enterprise (NCE) to create at least 10 new full-time jobs for U.S. […]
While the EB-5 Immigrant Investor Program is generally the quickest and easiest pathway for a foreign national to gain U.S. permanent resident status, that doesn’t mean the program isn’t complex. Each EB-5 project and each EB-5 investment involves a multitude of factors that an investor must navigate to ultimately emerge victorious with U.S. green cards […]
Foreign nationals making EB-5 investments to obtain U.S. green cards for themselves, their spouse, and their unmarried children below the age of 21 have enough to worry about between the long wait times for I-526 petition adjudication, the rampant EB-5 regional center terminations in 2019 and 2020, and the financial instability of United States Citizenship […]
Foreign nationals who participate in the EB-5 Immigrant Investor Program have two pathways to make their EB-5 investment: directly in a qualifying EB-5 project or indirectly through an approved EB-5 regional center. The EB5 investment pathway doesn’t change the outcome for successful investments: U.S. permanent resident status for the investor and their immediate family members. […]
The United States boasts the largest economy in the world and is heralded as a beacon of freedom and liberty—so it’s no wonder foreign nationals from around the world dream of a new life in the United States. Unfortunately, for most, it’s but a pipe dream—immigration is difficult. Foreign investors with the necessary means, however, […]
Foreign nationals who make an EB-5 investment in a qualifying EB-5 project must satisfy numerous requirements to be eligible for U.S. permanent residency, including providing evidence of the lawful sources of their investment capital and ensuring at least 10 new, full-time jobs for U.S. workers are created through their investment. One additional requirement that EB-5 […]
In September 2020, documentation regarding a May 2019 I-526 “reset training” held by the Investor Program Office for USCIS adjudicators was partially released. The I-526 petition is the form every foreign investor must submit to show they have invested the required capital in an eligible EB5 investment project, either directly or indirectly, through an EB-5 […]
October 2020’s Visa Bulletin brings dismal news to EB-5 investors from China and Vietnam. Investors from the two backlogged countries must face an even longer wait for adjudication on their I-526 petitions, as the final action dates have not budged from the September 2020 Visa Bulletin. This could change dramatically in November 2020: October marks […]
Every year, thousands of foreign nationals from around the world pour their dreams—and $1.8 million, or $900,000 if their selected project is in a targeted employment area (TEA)—into the EB-5 Immigrant Investor Program. Since 1990, the program has allowed countless foreign investors to obtain U.S. permanent resident status for themselves, their spouse, and their unmarried […]
The COVID-19 pandemic has devastated the world, crippling economies, destroying livelihoods, and wreaking havoc on people’s physical and mental health alike. The EB-5 Immigrant Investor Program has not escaped the virus’s wrath, with thousands of investors unable to proceed with their EB-5 journey due to the temporary suspension of routine visa services at U.S. embassies […]
The long processing times for EB-5 petitions at United States Citizenship and Immigration Services (USCIS) are no secret. EB-5 investors regularly have to wait years—as many as five for those from severely backlogged countries such as China—and as of October 2020, USCIS gives little indication of processing times decreasing. Besides the missed opportunity costs of […]
2020 has been a rocky year for just about everyone, individuals and organizations alike, and United States Citizenship and Immigration Services (USCIS) has suffered significantly due to the lull in immigration spurred on by the COVID-19 pandemic. Family-based visa processing has been largely suspended, President Trump’s immigration ban on most types of employment-based immigrants has […]
Hardly anywhere on the planet has been left unaffected by the COVID-19 pandemic, and unfortunately, the United States has not emerged unscathed, either. Millions have lost their jobs, numerous companies have gone out of business, and countless livelihoods have been lost. Industries across the country have endured financial hardship, resulting in furloughs, loan defaults, and […]
The Department of Homeland Security (DHS) has announced a new proposed rule change that would negatively affect the over one million international students currently in the United States. The Notice of Proposed Rulemaking; Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of […]
EB-5 investors who conduct proper due diligence are generally successful. Indeed, most EB-5 investors end their EB-5 journey by obtaining U.S. green cards for themselves and their immediate family members. That being said, each year, some EB-5 investors face denial, halting their dreams of a better life in the United States. The reasons an EB-5 […]
The U.S. Second Circuit Court of Appeals published its decision allowing the Department of Human Services (DHS) to recommence the implementation of the Public Charge Ground of Inadmissibility final rule on September 11, 2020. According to an alert from United States Citizenship and Immigration Services (USCIS), the decision stays the injunction, which was issued in […]
Foreign investors interested in relocating to the United States and obtaining U.S. permanent resident status are fortunate that the EB-5 Immigrant Investor Program, one of the easiest and quickest pathways to U.S. immigration, remains in full swing even after 30 years. The program offers foreign investors U.S. green cards in exchange for an investment in […]
Hong Kong has long been a hotspot of EB-5 demand. Since the early days of the EB-5 Immigrant Investor Program, Hong Kong investors have been eager to invest in qualifying EB-5 projects and obtain permanent resident status in the United States. In the ’90s, Hong Kong was among the top 10 countries for EB-5 demand, […]
When applying for an EB-5 visa, the first step in the process is submitting Form I-526, Immigrant Petition by Alien Investor, to U.S. Citizenship and Immigration Services (USCIS). By submitting this petition, the investor proves to USCIS that they meet all the criteria of the EB-5 program—specifically that they have invested the required amount in […]
Introduced in 1990, the EB-5 Immigrant Investor Program offers foreign investors worldwide something that millions dream of—a life in the United States. In exchange for qualifying investments in new commercial enterprises in the United States, wealthy foreign nationals and their families can obtain green cards and, eventually, if they wish, U.S. citizenship. While the EB-5 […]
2020 has been an awful year for almost everybody, and EB-5 visa program participants are no exception. The pandemic-induced temporary suspension of routine visa services at U.S. embassies and consulates has prevented thousands of EB-5 investors and their families from receiving their U.S. green cards and starting their new lives in the United States. But […]
In August 2020, United State Citizenship and Immigration Services (USCIS) split up its estimated processing time range for I-526 petitions into two categories: one for Chinese EB-5 investors and one for investors from any other country. Given that the Chinese EB-5 backlog is massive, with the switch in April 2020 to a visa availability processing […]
In the EB-5 Immigrant Investor Program, investors have two options for investment: direct investment and regional center investment. While investors can retain more control over their investments through the direct route, engaging in day-to-day management work at the new commercial enterprise (NCE), regional center investment is by far the more popular option. Not only are […]
The EB-5 Immigrant Investor Program is one of the fastest and easiest pathways to permanent resident status in the United States—eligible investments can qualify investors and their immediate family members for U.S. green cards. However, the program is fairly complex, and prospective investors are advised to familiarize themselves deeply with the program before diving into […]
On April 22, 2020, President Trump signed into law an executive order that temporarily suspended various types of immigration for 60 days, spurred on by the COVID-19 pandemic. Two months later, upon the expiration of the proclamation, he expanded the classes of immigrants it covered and extended the ban until the end of 2020, citing […]
When the COVID-19 pandemic swept across the globe in early 2020, it disrupted the lives of nearly everyone on the planet. With mass lockdowns and public life shutting down in most countries, the pandemic has shattered economies, destroyed livelihoods, and ripped families apart, as well as led to thousands of deaths. For investors in the […]
In August 2020, news that United States Citizenship and Immigration Services (USCIS) would be furloughing around 70% of its employees (over 13,000 people) has long been floating around the EB-5 sphere. The furloughs would have likely dramatically impacted a wide range of immigrants, from K-1 fiancé(e) visa applicants to investors in the EB-5 Immigrant Investor […]
United States Citizenship and Immigration Services (USCIS) has long maintained estimated processing time ranges to help investors in the EB-5 Immigrant Investor Program gauge how long they must wait for adjudication of their I-526 petition. The estimated time range has traditionally incorporated EB-5 investors of all nationalities, irrespective of how backlogged their country may be. […]
With the global economic shutdowns brought on by the COVID-19 pandemic, United States Citizenship and Immigration Services (USCIS) has had more time to dedicate to processing immigration petitions such as Form I-526. The chief of the Immigrant Investor Processing Office (IPO), Sarah Kendall, also announced in a public engagement in March 2020—before the pandemic had […]
A life in the United States is a bright prospect for foreign nationals around the globe, but most wouldn’t dream of relocating without their family. Fortunately, the EB-5 Immigrant Investor Program allows investors to include their spouse and unmarried children below the age of 21 on their I-526 petition, making the whole family eligible for […]
In July 2020, following the introduction of a controversial Beijing-backed national security law into the Hong Kong special autonomous region, President Trump signed the Executive Order on Hong Kong Normalization, which essentially eliminated any special treatment Hong Kong received as a separate nation from China. Hong Kong previously received separate treatment from China in terms […]
The EB-5 Immigrant Investor Program was established in 1990 to foster foreign investment in the U.S. economy and create new jobs for U.S. workers. In exchange for their investment, foreign investors are granted U.S. green cards for both themselves and their immediate family members, which is defined as spouse and unmarried children under the age […]
The EB-5 Immigrant Investor Program is one of the quickest and easiest ways for foreign nationals to gain permanent resident status in the United States. Established in 1990, the program continues to be a popular option for foreign investors, with thousands obtaining U.S. green cards through the program throughout its 30 years. The program was […]
EB-5 Immigrant Investor Program participants who file immigration petitions with United States Citizenship and Immigration Services (USCIS) will face increased fees starting on October 2, 2020. The immigration agency has announced adjustments to most of its filing fees to varying degrees, depending on the petition. For EB-5 investors, however, the new fees are generally higher, […]
Every year, countless investors from around the world start their journey toward U.S. permanent residency status through the EB-5 Immigrant Investor Program. The program, established in 1990, allows foreign nationals to apply for a U.S. green card in exchange for an investment in a new commercial enterprise (NCE), contingent on certain requirements. EB-5 investors must […]
Since its enactment in 1990, the EB-5 Immigrant Investor Program has been a popular way for foreign nationals to obtain U.S. green cards for themselves and their immediate family members. At a glance, the program is quite straightforward—a foreign national invests in a qualifying EB-5 project, and if their investment fuels the creation of at […]
Good news for the many EB-5 investors abroad who have been waiting eagerly to resume their journey to an EB-5 green card: the U.S. Department of State – Bureau of Consular Affairs has announced the phased resumption of routine visa services at U.S. consulates and embassies. Consulates have been closed since March 2020 following the […]
On July 24, 2020, United States Citizenship and Immigration Services (USCIS) published a Policy Alert announcing long-awaited clarification of the guidelines surrounding the redeployment of capital under the EB-5 program. The new guidance, which comes into effect immediately, focuses on Volume 6, Part G, Chapter 2 of the USCIS Policy Manual (A(2)). The update substantially […]
It’s no secret that EB-5 applicants are subject to long waiting times, especially if they come from a country like China or Vietnam with extensive backlogs due to heightened demand. However, it can be difficult to interpret the backlog and understand the figures involved, especially since I-526 processing is complicated, messy, and nonlinear, which can […]
United States Citizenship and Immigration Services (USCIS) has released statistics about its processing data from the second quarter of 2020 financial year (January 1 to March 31, 2020). Processing rates have increased considerably compared to Q1 FY2020; however, the processing rate remains far lower than it was in previous years. USCIS also received far fewer […]
On April 22, 2020, President Trump signed into law a temporary immigration ban, intended to last for 60 days. The purpose of the legislation was to ensure U.S. workers were prioritized as the economy reopens after being ravaged by the COVID-19 pandemic. However, the decree included a number of exceptions, including the immediate family members […]
On June 16, 2020, IIUSA held a webinar with Charles Oppenheim, the chief of the Visa Control and Reporting Division of the U.S. Department of State. Oppenheim offered a wealth of valuable EB-5 information, primarily about EB-5 processing in FY2020 and how processing may look going forward. In total, the call lasted about one and […]
One of the most troublesome requirements of the EB-5 Immigrant Investor Program for investors is the source of funds requirement. EB-5 investors must demonstrate in their I-526 petition that they have obtained all their EB-5 capital from lawful sources. Depending on the sources an investor uses, the process of collecting the necessary documentation can be […]
It’s the news all Indian EB-5 investors have been waiting for: the Indian final action date for EB-5 visa green cards is finally current. The Indian final action date has been jumping forward rapidly in recent months, likely a result of the worldwide U.S. embassy and consulate closures due to the COVID-19 pandemic. United States […]
The EB-5 Immigrant Investor Program, one of the quickest and easiest paths to a U.S. green card for foreign investors, offers EB-5 visas in exchange for an investment in a qualifying project. To receive a visa, an investor must demonstrate that their investment in a new commercial enterprise (NCE) has fulfilled certain requirements, such as […]
Certain EB-5 investors need to pay close attention to the monthly Visa Bulletins published by the U.S. Department of State – Bureau of Consular Affairs. They don’t affect all EB-5 investors—in fact, as of June 11, 2020, they only apply to investors from China, India, and Vietnam. However, the EB-5 landscape is constantly changing, and […]
Entrepreneurs around the world aim to relocate to the United States for a better and freer life with unlimited business opportunities. With top-quality universities, state-of-the-art health facilities, and unbeatable freedoms, the United States promises immigrants a better and brighter future for themselves and their families. The United States offers a wide range of start-up visas […]
The EB-5 Immigrant Investor Program is one of the fastest and easiest ways for foreign nationals to secure a life in the United States and enjoy all the benefits that come with it. Every year, investors from around the world apply to the EB-5 program for a better future in the prosperous United States. Despite […]
The EB-5 Immigrant Investor Program has long been marred with stories of fraud and fakery, but the picture the media paints is far from the reality of the program. While there have indeed been cases of fraud in the EB-5 program—there will always be a minority of bad actors in the world—the vast majority of […]
The EB-5 Immigrant Investor Program offers a unique opportunity to foreign investors and their immediate family members to obtain U.S. permanent resident status in exchange for a successful qualifying investment in an EB-5 project. An investor can include their spouse and unmarried children younger than 21 on their EB-5 visa application. At the end of […]
For the countless foreign investors around the world who wish to relocate to the United States, the EB-5 Immigrant Investor Program is one of the best options. Established in 1990, the program offers foreign investors permanent resident status in the United States for themselves and their immediate family members in exchange for an investment in […]
The COVID-19 pandemic, an unprecedented crisis in the modern world, has changed the world as we know it. The health crisis has already deeply affected the EB-5 Immigrant Investor Program, forcing the temporary closure to the public of United States Citizenship and Immigration Services (USCIS) offices across the nation and the suspension of routine visa […]
On the United States Citizenship and Immigration Services (USCIS) website, EB-5 investors and regional centers can check the estimated processing time range for their I-526, I-829, and I-924 petitions on the Check Case Processing Times page. The page is constantly updated, and as of June 4, 2020, USCIS gives the following estimates for processing times: […]
Every month, the U.S. Department of State – Bureau of Consular Affairs releases a visa bulletin that reveals which EB-5 investors are eligible to apply for and receive visas. However, the EB-5 Immigrant Investor Program process is complicated—sometimes too complicated for a simple graph. The information in the monthly Visa Bulletin is easy to misunderstand, […]
On March 18, 2020, United States Citizenship and Immigration Services (USCIS) closed all its offices to the public to help curb the spread of COVID-19. Nonetheless, USCIS continued to adjudicate I-526, I-829, and I-485 petitions for EB-5 investors because they do not require face-to-face contact. With the pandemic beginning to subside and the country starting […]
Though the COVID-19 pandemic has brought the world to a standstill, with economic shutdowns across the United States and other countries, the EB-5 Immigrant Investor Program continues on. The pandemic has caused United States Citizenship and Immigration Services (UCSIS) to temporarily close its offices to the public all across the nation, but since application processing […]
It can be frustrating for EB-5 investors to wait a long time for their I-526 petition to be adjudicated, especially when they see other investors around them receiving adjudication. Since the EB-5 Immigrant Investor Program is complicated, every petition is different and therefore requires a different process and timeline for adjudication. This can result in […]
Though much of the world has come to a standstill in the COVID-19 pandemic, the EB-5 Immigrant Investor Program carries on. United States Citizenship and Immigration Services (USCIS) continues to work on EB-5 petition adjudications, and foreign investors are still free to prepare and make EB-5 investments during the crisis. The pandemic has certainly changed […]
As the number of new COVID-19 infections continues to decline in various countries, the world can start to evaluate each country’s response to the pandemic. The health crisis has exposed weaknesses in many countries’ systems, particularly in developing countries. In response, foreign investors around the world are contemplating whether they should move to a more […]
While the EB-5 Immigrant Investor Program is open to investors from all over the world, not everyone experiences the same EB-5 journey. United States Citizenship and Immigration Services (USCIS) only allocates approximately 10,000 visas to the EB-5 program per fiscal year, and no country is supposed to get more than 700, meaning investors from high-demand […]
The country statistics for EB-5 investors in FY2019 are in, and they reveal an increasingly diversifying pool of EB-5 investors. Since FY2014, several countries have seen spikes in investor numbers, and these countries may even join the ranks of backlogged countries in the future. The top six countries are China, India, Vietnam, South Korea, Brazil, […]
The EB-5 program has found itself embroiled in bad press amidst the COVID-19 pandemic, largely due to false rumors that President Trump would bring sweeping changes to the EB-5 program as part of a coronavirus relief bill. Though Senator Lindsey Graham, purported to have pushed for the changes, has vehemently denied the rumors, it was […]
United States Citizenship and Immigration Services (USCIS) has updated the historical national average processing times for I-526 petitions to include February 2020, with processing times increasing to 12.9 months from 12.6. Despite the increase, the national historical processing time remains at a five-year record low, indicating a faster I-526 processing period for EB-5 investors. The […]
As COVID-19 sweeps through the United States and the rest of the world, it has left a path of shuttered businesses and unemployment behind it. As an employment-based immigration program that creates jobs for the everyday U.S. worker, the EB-5 Immigrant Investor Program could be ideal to help the U.S. economy get back up and […]
The EB-5 Immigrant Investor Program is one of the fastest and easiest ways foreign nationals can immigrate to the United States, provided they have the necessary investment funds. An investment must satisfy several EB-5 criteria before the investor can receive a U.S. green card, so prospective investors are urged to conduct meticulous due diligence when […]
On March 18, 2020, United States Citizenship and Immigration Services (USCIS) announced the nationwide closure of all its public offices due to the COVID-19 pandemic. The global crisis is affecting countries all over the world, upending life on all corners of the globe, and EB-5 investors are also encountering disruptions in their U.S. visa process. […]
The novel coronavirus pandemic has halted life around the world, confining ordinary people worldwide to their homes and forcing U.S. consulates globally to close. As the United States begins to look forward, the government is drafting plans to prioritize U.S. workers when the economy opens back up. One such measure President Trump has taken was […]
U.S. Congress created the EB-5 Immigrant Investor Program in November 1990 to spur economic growth in the United States via the capital of foreign investors. In exchange for a large investment that funds the creation of at least 10 full-time jobs occupied by U.S. workers, EB-5 investors receive U.S. green cards for themselves and their […]
The May 2020 Visa Bulletin is here, and it brings good news for Indian EB-5 investors. The priority date for Indian EB-5 investors has jumped ahead by a whopping nine months, meaning Indian investors can enjoy a much faster EB-5 process than previously anticipated. China, India, and Vietnam remain the only countries that do not […]
United States Citizenship and Immigration Services (USCIS) has released statistics about its processing data from the first quarter of FY2020 (October 1 to December 31, 2019). The low rate of adjudications seen in FY2019 has continued in the beginning of FY2020, with only 455 adjudicated I-526 petitions and a whopping 17,000 pending. FY2020 Q1’s I-526 […]
EB-5 investors must conduct meticulous due diligence on the EB-5 regional center they choose to work with to ensure the success of their EB-5 investment. Given the growing trend of regional center terminations since 2019, investing through the wrong regional center could cost EB-5 investors their chance at a U.S. green card. United States Citizenship […]
Every cloud has a silver lining, and for some EB-5 investors, the silver lining of the COVID-19 pandemic is faster processing times for I-526 petitions. Because the I-526 petition is a complex form requiring numerous supplementary documents and each EB-5 investor’s circumstances are different, processing times inevitably differ, but recent months have seen a stark […]
Filing Form I-829 is the final step before an EB-5 investor completes the EB-5 visa process and obtains unconditional permanent resident status in the United States. The three main administrative steps in the EB-5 process are filing Form I-526, applying for conditional permanent residence, and petitioning United States Citizenship and Immigration Services (USCIS) to remove […]
With entry bans, significantly reduced flight schedules, and mandatory quarantines, immigration during the COVID-19 pandemic is more or less impossible, but immigration to the United States after the pandemic is not only possible, it’s a great idea. For investors worldwide, the EB-5 program is the ideal pathway to a U.S. green card. Here’s why you […]
In April 2020, the U.S. Bureau of Labor Statistics (BLS) released the annual employment data for 2019. EB5 Affiliate Network (EB5AN) has updated its national EB-5 TEA map to ensure that EB-5 investors and developers have access to the most up-to-date information related to targeted employment area (TEA) designation. Understanding the Effects of the April […]
On March 31, 2020, United States Citizenship and Immigration Services (USCIS) transitioned from its traditional first-in-first-out (FIFO) I-526 processing approach to a visa availability approach. What does this mean for EB-5 investors? It depends on their country of origin. How the Visa Availability Approach Works Under the previous FIFO approach, USCIS assigned I-526 petitions for […]
In most countries, another school year is coming to an end, and youth around the world are preparing to embark on new adventures. New high school graduates will start selecting their classes at university, and new college graduates will set out in the professional world to make a name for themselves. Many of these fresh […]
The Visa Availability Approach Announced in January 2020 and enacted on March 31, 2020, the new visa availability processing approach for I-526 petitions has made its debut, with its concrete impacts yet unclear. Even though the new processing approach brings noticeable changes to the EB-5 journey, United States Citizenship and Immigration Services (USCIS) has failed […]
Good things come to those who wait. The EB-5 Immigrant Investor Program is complex and popular, so expect to wait at least a couple of years by default before receiving your conditional permanent resident status. The unpredictable situation of COVID-19 may also influence wait times. Here’s how long you can expect to wait in the […]
One of the most dreaded experiences for participants in the EB-5 Immigrant Investor Program is receiving a Request for Evidence (RFE) from United States Citizenship and Immigration Services (USCIS). Not every EB-5 investor encounters this anxiety-inducing situation, but those who do need to plan their response carefully to not jeopardize their chance of obtaining U.S. […]
Not all EB-5 journeys are the same. There exist two main pathways to a U.S. green card through the EB-5 visa program—direct investment and regional center investment. Both have advantages and disadvantages, depending on the investor’s goals and wishes, but far more EB-5 investors opt for regional center investment because it is generally considered more […]
The United States of America—the name alone conjures up images of wealth and freedom in the minds of people worldwide. Immigration is not easy, however, and with people all over the world clamoring at the chance for a life in the United States, most cannot realize their dream. If you’re a foreign investor, an EB-5 […]
The world has been thrust into the largest global disaster since World War II, with countries all over the world seeing high numbers of COVID-19 infections and deaths. The unprecedented catastrophe has ushered in a new era of social distancing and lockdowns, but the EB-5 program continues on. Since March 18, 2020, United States Citizenship […]
EB-5 investors have two possible investment methods in the EB-5 program: direct investment in a new commercial enterprise (NCE) or indirect investment through a regional center. Depending on an investor’s goals and skills, direct investment may be suitable, but most EB-5 investors choose regional center investment because it offers several benefits. Lower Immigration and Financial […]
Many parents around the world wish to continue their lives in their native country, where they have established social and business contacts, but would like to offer their children the rich opportunities that a life in the United States provides. The EB-5 Immigrant Investor Program is the ideal pathway to procure U.S. permanent resident status […]
Canada is an underrepresented nation when it comes to EB-5 investors, but Canadian investors may be missing out on a valuable opportunity. The
The recent diminished EB-5 demand from India is good news for Indian EB-5 applicants who have already invested in the EB-5 Immigrant Investor Program. New information from United States Citizenship and Immigration Services (USCIS) suggests the Indian EB-5 priority date will become current by summer 2020. The Current Final Action Date for Indian EB-5 Investors […]
One of the requirements of a successful EB-5 visa investment is that the investment capital be at risk for the duration of the investment. This does not mean that EB-5 investors are required to invest in “risky” projects. Quite the contrary—EB-5 investors are strongly recommended to conduct thorough due diligence to minimize their exposure to […]
COVID-19 has made its way to nearly every country in the world, with confirmed cases building quickly in New York, California, and other states across the United States. Schools are closing and businesses are shutting down—some permanently—resulting in major layoffs. Politico has falsely reported that to stimulate the economy in these chaotic times, President Trump […]
In 2019, the EB-5 Modernization Rule brought some major changes to the EB-5 visa investment program. The changes have left EB-5 investors, project developers, and regional center managers alike confused and full of questions. Some of these questions were finally cleared up during the United States Citizenship and Immigration Services (USCIS) public engagement held on […]
One of the requirements of the EB-5 program is that an investor’s capital has been obtained through “legal sources.” What exactly does United States Citizenship and Immigration Services (USCIS) mean by “legal sources”? It’s important to know because EB-5 investors must document the lawful source of their funds on their I-526 petition. What Documents Should […]
As the world continues its fight against the novel coronavirus, infections are rising, unemployment is increasing, and more and more industries and businesses are suffering. Other than those that operate solely online, most industries are not immune, and those that most heavily rely on the EB-5 Immigrant Investor Program are among the hardest hit. Here […]
The EB-5 processing statistics of the past several years make one observation painfully clear: I-526 petition processing volumes were remarkably low in FY2019. The Immigrant Investor Program Office (IPO) is a complicated entity, and there is a lot going on behind the scenes that may not be clear on the surface. FY2019’s low processing rates […]
The Department of State — Bureau of Consular Affairs has released the EB-5 Visa Bulletin for April 2020. April’s release has been highly anticipated, as April is the first month in which United States Citizenship and Immigration Services (USCIS) will implement its new visa availability processing approach for I-526 petitions. The release of the Visa […]
Likely due to the Freedom of Information Act, United States Citizenship and Immigration Services (USCIS) has released quarterly processing information for I-526 and I-829 petitions in FY2019 Q1. The data contained in the I-526 and I-829 processing data for FY2019 Q1 provide answers to certain EB-5 questions for which there is generally no concrete information, […]
On Friday, March 13, 2020, United States Citizenship and Immigration Services (USCIS) held a public engagement to discuss the switch to a visa availability approach in I-526 processing. The public was invited to participate via teleconference and ask questions related to the new approach. The speakers were Sarah Kendall, chief of the Immigrant Investor Program […]
The worrying trend of EB-5 regional center terminations continues to gain momentum. In the first quarter of the federal government fiscal year, from October 1, 2019, and January 31, 2020, United States Citizenship and Immigration Services (USCIS) added a further 39 regional centers to its List of EB-5 Terminated Regional Centers. This does not include […]
Worldwide, people dream of a life in the United States. From Hollywood to McDonald’s, U.S. culture has permeated nearly every corner of the world, and the wealth and freedom in the United States are well known across the globe. The United States welcomes millions of visitors every year, but for many, their right to stay […]
The closing of businesses due to the pandemic caused by the rapid spread of the 2019 novel coronavirus, which causes COVID-19, has had a significant effect on employment levels in the United States. At this stage, it is impossible to know exactly what the long-term outcomes for employment will be, but it is reasonable to […]
Despite some recent backlash against immigrants in America, the United States’ economic landscape has been transformed by immigrant investors in the last thirty years. A study by the National Foundation for American Policy in 2016 found that just over half of U.S. startups worth over $1 billion—including WhatsApp, Uber, and SpaceX—were founded by immigrants. These […]
Although the United States surpassed Saudi Arabia and Russia in 2018 to become the world’s largest producer of crude oil, Saudi Arabia has amassed great wealth over the last half century with its own plentiful oil reserves. This has enabled it to maintain a large presence on the world stage, and it is home to […]
The EB-5 visa program is open to foreign investors and their families all over the world with the means to invest in EB-5 projects, as long as they meet certain requirements. Those who are successful in their EB-5 investments receive U.S. green cards for themselves, their spouse, and their unmarried children under the age of […]
The EB-5 Immigrant Investor Program is subject to constant change as United States Citizenship and Immigration Services (USCIS) modifies its regulations and processing standards. In recent months, the program has undergone several new changes, with additional changes to come in the near future. Here are the answers to a few of the top questions about […]
Year by year, the EB-5 Immigrant Investor Program grows in popularity, attracting more and more foreign nationals who wish to invest in the U.S. economy to obtain a green card. The U.S. Department of State – Bureau of Consular Affairs recently released the EB-5 data for fiscal year 2019, and it reveals explosive EB-5 growth […]
The EB-5 visa program is anything but fast. Given its growing popularity, backlogs for popular EB-5 countries like China, India, and Vietnam have steadily grown over the years, with countries like South Korea and Taiwan starting to catch up. The waiting process begins even before I-526 approval, as it has typically taken around two years […]
The Indian government has announced a new 5% tax on remittances out of India, effective April 1, 2020. It’s not an April Fool’s joke: This new regulation will increase the cost of an EB-5 visa for Indian investors by $45,000 for an investment in a project within a targeted employment area (TEA) or by $90,000 […]
Every year, the U.S. Department of State releases the Report of the Visa Office, which offers a peek into the statistics of the U.S. visas, including EB-5 visas, issued throughout the given year. In the report, EB-5 visa statistics are spread out across two different tables: Table V Part 3 (visa recipients who already resided […]
Any government process is accompanied by a large amount of bureaucracy, and the EB-5 visa program is no exception. When an investor decides to commit to a particular EB-5 project, he or she is required to fill out a long, 20-page EB-5 subscription agreement. Filling out a 20-page legal document is a tiresome and error-prone […]
An announcement on January 29, 2020, revealed that USCIS will shift its I-526 petition processing approach from first-in-first-in (FIFO) to a “visa availability approach” starting March 31, 2020. The new approach aims to prioritize processing for applicants from countries that have visas immediately available, ensuring more countries fill their annual visa allocations. Otherwise, there are […]
New EB-5 Visa Availability Approach for I-526 Petition Processing Important Breaking Announcement from USCIS on January 29, 2020: EB-5 visa I-526 petitions will now start being processed using a visa availability approach instead of using a first-in-first-out (FIFO) approach. Historically, USCIS has always processed EB-5 visa I-526 petitions based on a FIFO process, however this […]
The processing statistics for the EB-5 program have changed dramatically over the past 11 years. The program has grown significantly, with thousands more investors in 2019 than in 2008, but trends are showing a decline from the peak in 2017. The drop could be partially attributed to the backlogs at United States Citizenship and Immigration […]
The EB-5 program has seen some changes in recent years, including increased investment fund requirements and more restrictive targeted employment area (TEA) designation, but these are not the only challenges the program faces. Adding to the problem are the lengthy quota backlogs in major EB-5 investor countries and the ever-increasing United States Citizenship and Immigration […]
The United States Citizenship and Immigration Services (USCIS) has tightened its regulations, and with the new regulations comes an unprecedentedly high rate of regional center terminations. 2019 saw the termination of 75 regional centers, hardly offset by the approval of a mere six. This represents only the second year since 2008 where more regional centers […]
Regional Center Challenges the Validity of the EB-5 Immigration Investor Program Modernization Final Rule On November 26, 2019, Florida EB5 Investments, LLC (the “Plaintiff”), filed a civil action against the Department of Homeland Security (DHS) and the United States Citizenship & Immigration Services (USCIS) (the “Complaint”) challenging the validity of the recently implemented EB-5 Immigration […]
In July 2019, United States Citizenship and Immigration Service (USCIS) and the Department of Homeland Security (DHS) published updates to the EB-5 visa program in the Federal Register. The new EB-5 rule, implemented to modernize the program, came into effect on November 21, 2019. While the updates include several technical revisions, the key changes to […]
Samuel Silverman, Managing Partner of EB5 Affiliate Network, discusses the introduction of a new initiative that promises to protect EB-5 investors’ funds in the event of an I-526 application denial. EB5 Affiliate Network (EB5AN), a leading EB-5 regional center and EB-5 service provider sponsoring more than 1,100 EB-5 investors from more than 40 countries around […]
Advance Copy of EB-5 Final Rule This final rule amends Department of Homeland Security (DHS) regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers to reflect statutory changes and modernize the EB-5 program. In general, under the EB-5 program, individuals are eligible to apply for lawful permanent residence in the […]
United States Citizenship and Immigration Services (USCIS) has released the data on the number of EB-5 petitions processed in the second quarter of FY2019, which ran from January to March 2019. The updated statistics are available on the organization’s Immigration and Citizenship Data page. The decline in the number of petitions the Immigrant Investor Program […]
The USCIS has updated its EB-5 petition processing statistics, displayed on the Immigration and Citizenship Data page, to reflect information about the petitions received and processed during the second quarter of the 2019 financial year (January–March 2019). The overall number of EB-5 forms processed by the Immigrant Investor Office (IPO) during this period decreased significantly, […]
On June 27, 2019, the Office of Management and Budget (OMB) announced that EB-5 Immigrant Investor Program Modernization (RIN: 1615-AC07) has reached the final stage in the rulemaking process. Therefore, we expect the Final Rule to be published in the Federal Register within the next few days. United States Citizenship and Immigration Services (USCIS) will […]
Despite social and political upheaval, Turkey’s economy has continued to grow rapidly over the last few years and is still seen as a strong force in the region. It now boasts the eighteenth highest GDP in the world, but rising debt makes this continued pace of growth uncertain. Turkey also faces increasing inflation that hit […]
Iran is home to the world’s fourth-largest reserve of oil and second-largest reserve of natural gas, and it is within the top 10 world producers of both of these natural resources. As such, it has become the second largest economy in the MENA region behind Saudi Arabia. However, Iran has been the subject of increased […]
Although the United States surpassed Saudi Arabia and Russia in 2018 to become the world’s largest producer of crude oil, Saudi Arabia has amassed great wealth over the last half century with its own plentiful oil reserves. This has enabled it to maintain a large presence on the world stage, and it is home to […]
Over the last 30 years, Vietnam has developed from one of the poorest nations in the world into one of the fastest-growing economies. This increase in wealth and the search for better opportunities have led to a rise in wealthy Vietnamese EB-5 investors. Wealth and Economy The number of millionaires in Vietnam has skyrocketed by […]
One of the most popular paths to U.S. employment for foreign nationals is the H-1B visa. Under the Bush administration in 2003, the H-1B visa cap was reduced from 195,000 to 65,000. The H-1B Visa Reform Act of 2004 increased this cap by 20,000 for candidates who earned a master’s or PhD from a U.S. […]
Venezuela is home to the world’s largest reserves of crude oil, surpassing even Saudi Arabia. While this supply led to a booming economy in the 1990s, the government’s mismanagement of money and pivot to socialism have led to the impoverished nation seen today. Because of the current political upheavaland the resulting uptick in violence, many […]
The USCIS has updated its EB-5 petition processing statistics, displayed on the Immigration and Citizenship Data page, to reflect information about the petitions received and processed duringthe first quarter of the 2019 financial year (October to December 2018). The overall number of EB-5 forms processed by the Immigrant Investor Office (IPO) during this period decreased […]
With a population of almost 212 million, Brazil now makes up the third-largest EB-5 market behind China and Vietnam, with the bonus of not yet having hit retrogression. Brazil’s interest in EB-5 visas can be attributed to the country’s recent economic downslide, its high crime and corruption rates, and its poor quality of education. Wealth […]
When it comes to top destinations for Indian migrants, the United States is now the second most popular choice, and with good reason. Statistically speaking, Indian citizens tend to be better educated than both native and foreign-born U.S. residents. Additionally, they often boast higher income levels. As a result, Indian citizens are strong candidates for […]
China has long been one of the top sources for EB-5 visa applications worldwide. While the number of Chinese candidates remained high in 2018, new reporting by the U.S. Department of State reveals a significant increase in EB-5 applicants from locales outside mainland China. What the Research Says Last year, the U.S. Department of State […]
The EB-5 market is officially booming on the subcontinent. As of September 2018, India already had 284 EB-5 petitions in place compared to just 164 petitions coming from China. According to reports by the USCIS, the Indian EB-5 market is poised to explode, bringing in an estimated $3 billion by 2020. Unfortunately, some people in […]
Since 2015, the EB-5 industry has been in limbo in anticipation of new legislation and USCIS regulations that will revamp the EB-5 Immigrant Investor Program. These lingering proposed changes are still neither final nor agreed upon among government officials. While the government continues to drag its feet, those involved with the EB-5 program have witnessed […]
For EB5AN, 2018 was an exciting year marked by milestones, accomplishment, and growth. Our partners collectively spent more than 200 days on the ground in foreign markets—including China, India, Brazil, Colombia, and Vietnam (along with many more)—getting a sense for where EB-5 is headed and how we can keep ahead of upcoming trends. We have […]
Turkey is traditionally known as the bridge between Europe and Asia, and this is true – both geographically and economically. Today, the immigration and investment landscape in Turkey is a two-way street, as it remains an attractive destination for investors and tourists, and at the same time is among the countries experiencing high rates of […]
Whether you are beginning the EB-5 investment process or have already been invested in an EB-5 project, it is a good idea to know the details of capital redeployment in terms of the EB-5 visa program. Capital redeployment may not be a common topic for EB-5 investors, but it is a topic worth understanding. Due […]
Current law dictates that around 85,000 H-1B visas are available each year. Application decisions are based on a lottery conducted by U.S. Citizenship and Immigration Services (USCIS), with a random computer system determining who will and won’t be able to seek employment in the United States. Once USCIS ceases to accept additional H-1B visas for […]
Some disagreement exists about who started the first fast-food company in the United States, with top contenders including McDonald’s and White Castle. Regardless of how the trend started, one thing is clear: when it comes to the United States and other countries worldwide, fast food can equal fast money. With many fast-food restaurants bringing in […]
EB5 Affiliate Network (EB5AN) was recently recognized as one of the “Best Entrepreneurial Companies in America” by Entrepreneur Magazine’s Entrepreneur360 List, a premier study delivering the most comprehensive analysis of private companies in the United States.Based on this study, EB5AN ranks among the top 50 companies in the nation and is recognized as a well-rounded […]
It’s no secret that the visa backlog for Chinese immigrant investors is currently a lengthy one. With a 10-year waiting list for aspiring EB-5 visa recipients from China, Regional Centers and Developers are increasingly looking to India as the next big source of investment funds. Indian nationals may be particularly intrigued by this option, as […]
Created by the Immigration Act of 1990, the EB-5 visa program offers a path to lawful permanent residency for eligible foreign investors. As of 2017, U.S. Citizenship and Immigration Services confirmed a requirement known as redeployment in the online version of its policy manual. Read on for answers to some of the most frequently asked […]
Created in 1990, the EB-5 Immigrant Investor Visa Program enables eligible immigrant investors to become permanent residents of the United States. By investing $1 million in an American business that will employ a minimum of 10 U.S. workers, these individuals may be able to obtain their green cards more quickly than other applicants. Unfortunately, obtaining […]
There are various elements to consider when choosing an EB-5 project. Along with personal considerations like risk tolerance, desired budget, and preferred business locale, prospective investors need to consider whether or not a project will meet the stringent EB-5 requirements. For example, undertaking a project that doesn’t lead to the creation of the requisite 10 […]
In 1990, Congress was looking for ways to boost job creation in the United States while pumping money into the economy. The result was the EB-5 immigrant investor visa category. Designed to lure wealthy foreign investors, the visa offered a path to lawful permanent residency for entrepreneurs and their families. Each year, the Immigration and […]
It’s no secret that the route to becoming a legal U.S. immigrant is long and filled with roadblocks. In an effort to gain a leg up, some individuals enter the EB-5 direct investment program as a way of achieving favorable immigration status in the United States. According to a report by the Washington Post, since […]
Several recent announcements made by USCIS and the Department of Homeland Security (DHS) offer interested parties a glimpse at trends in the EB-5 Immigrant Investor Visa Program, especially how future participants may be affected. While some of these pronouncements may fuel speculation of possible future actions, only by remaining informed can EB-5 advisors and legal […]
In the beginning of the EB-5 Immigrant Investor Program, all projects involved direct investments because the regional center option did not appear until several years later. The arrival of the regional center option saw a dramatic move away from direct investments and toward this new investment vehicle. Many EB-5 advisors believe foreign nationals are overlooking […]
Brazil, the largest and economically strongest South American nation, has lately become a key participant in the EB-5 Immigrant Investor Program. This is partially due to a recent slowing of its economy, which has been expanding since the 1990s. Brazilian citizens are now investigating investment opportunities beyond their country’s borders and developing a strong interest […]
There may be a time during an EB-5 investment that redeployment of the original funds is required. If fund redeployment occurs, investors should understand why it happened and how it should be managed to stay within the EB-5 guidelines as outlined by the USCIS. Because this process is complicated and operates differently depending upon the […]
Although the EB-5 Immigrant Investor Visa program began in 1990, it wasn’t until the 2008 repression negatively affected developers, impacting their ability to obtain funding for their ongoing projects, that the program experienced a surge in popularity and participation. While foreign nationals have realized since the inception of the EB-5 program that the easiest route […]
There are many paths to immigration in the United States, but all of them require the individual seeking citizenship to acquire a green card. A green card grants the holder a permanent resident status that expires after five years, at which time the holder is eligible for naturalization. Some green card holders are given conditional […]
Now almost 30 years in existence, the EB-5 Immigrant Investor Program has proven to be a winner both for immigrants seeking citizenship in the U.S. and for the American economy. Begun in 1990, this program has been responsible for driving billions of dollars into the economy while also generating much needed new employment across the […]
With foreign nationals from China and other countries facing increasing waits and backlogs for their EB-5 Visas, many are now investigating other options that get their foot in America’s door. One of the emerging options that appears to offer either a good first stage, or simply an alternative, to the popular EB-5 Immigrant Investor program […]
In the past, attorneys have brought cases against U.S. Citizenship and Immigration Services (USCIS) when the agency challenged the validity of EB-5 petitions, often claiming that the investment was either not at risk, was a debt arrangement, offered a guaranteed redemption, or some combination of the three. Curiously, the USCIS often confuses or applies all […]
There is a reason that the U.S. Securities and Exchange Commission (SEC) exists. Its primary function is to protect investors from unscrupulous or unethical principals. To do so, the SEC expects its licensed agents to remain highly knowledgeable and current in the world of investments. Salespersons who attempt to circumvent the purview of the SEC […]
With the surge of interest and participation in the EB-5 Immigrant Investor Program, there has been a similar explosion of regional center investment offerings to keep pace with this growing demand. This offers the immigrant investor more EB-5 investments from which to choose. Since there are many variations in the structure of regional center investments, […]
Whichever part of the EB-5 investment process you find yourself in, whether you’re still just researching or already invested in the program, it’s never too late to learn about EB-5 capital redeployment. Defining Capital Redeployment When an investor has an ongoing EB-5 investment project and they are filing form I-829 to lift the conditions from […]
The EB-5 Visa process was formed so the U.S. could attract investors with high net worth. Qualifying investors are able to get a visa through the EB-5 Program, but only if they meet the investment standards, including a $1 million minimum investment or a $500,000 minimum investment in certain geographic areas. While there are a […]
EB-5 investment is a path to getting a green card, but it can sometimes take longer than expected and involve more steps than you might have imagined. I-526 Petition Approval After you have submitted your I-526 petition for review, you have officially started the process for EB-5 based permanent residency. But approval of your I-526 […]
All investors appreciate the necessity of analyzing and assessing financial opportunities. It is crucial to inspect every possible aspect of an investment to ensure that all potential risks are factored in. When evaluating an EB-5 investment, even more scrutiny and due diligence is demanded of the prudent investor. EB-5 Direct Investment Opportunity Foreign nationals desirous […]
Among Asian nationals, South Koreans tend to have a good understanding of the immigration picture in the United States. In conjunction with their improved economy, South Korean citizens have recently exhibited greater interest and participation in the EB-5 Visa program offered through the U.S. Citizenship and Immigration Services (USCIS). An EB-5 Immigrant Investor Program Overview […]
The EB-5 Program has recently seen a dramatic increase in the number of Indian EB-5 Visa applications filed. On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that the congressionally mandated H-1B Visa cap for fiscal year 2019 had been reached within only five days of the agency opening applications. Yet again, the […]
Making decisions involving large amounts of money is never a simple process. For immigrant investors interested in participating in the EB-5 program, this process usually involves researching hundreds of available projects and investment options. One consideration for investors is whether to put their money into a regional center project or to invest directly into an […]
According to the US Department of State, FY 2016 saw nearly two times as many EB-5 immigrant investor visas being issued to Latin Americans as had been issued in FY 2015. This was a result of greater effort being put into encouraging Latin Americans to participate in the EB-5 Program in addition to the current […]
United States Citizenship and Immigration Services (USCIS) established the EB-5 Immigrant Investor Program in 1990 as a way for foreign nationals to legally immigrate to the United States with an eventual opportunity for citizenship by making a substantial investment that bolsters the U.S. economy. The investment must be made in an approved project that will […]
While many issues negatively affecting the success of an EB-5 project and the associated immigration process are related to fraudulent practices, that is not always the case. At times, financial difficulties may arise that put an investor’s immigration at risk. When this happens, a project is labeled as “troubled” and must be carefully monitored. All […]
There has been a recent increase in problems arising during the transferring of investment funds for EB-5 immigrant investors. Several countries, including China, Vietnam, and Ethiopia, have instituted regulations regarding how much currency they will allow to be changed into U.S. dollars and have imposed stringent requirements regarding the transfer of investment funds to the […]
There are two questions regarding EB-5 dealings that commonly come up in the legal arena. The first is whether individuals or entities who are recruiting EB-5 investors are permitted compensation if they are not registered broker-dealers. The second is whether a limited liability company (LLC)’s interest in an EB-5-funded new commercial enterprise (NCE) can legally […]
While the EB-5 program offers a way to achieve resident status in the United States more rapidly than other immigration options, one downside is the taxes that investors become subject to. Relevant taxes include both income tax and transfer tax. It is important for investors to be aware of what these taxes entail prior to […]
Making decisions involving large amounts of money is never a simple process. For immigrant investors interested in participating in the EB-5 program, this process usually involves researching hundreds of available projects and investment options. One consideration for investors is whether to put their money into a regional center project or to invest directly into an […]
Though the EB-5 immigrant investor program can be an express lane to permanent residency, navigating its process and requirements can be a bit overwhelming. Since EB5AN is the foremost vendor for EB-5 regional center setup and access, our expertise is a reliable resource for investors, lawyers, and developers who need a little help to make […]
The bottleneck created by EB-5 retrogression has prompted prospective Chinese investors to seek another path to US investment and citizenship. As the sole possessor of both a citizenship-by-investment program and a bilateral investment treaty with the US, the tiny island nation of Grenada provides another option for these investors in the form of the E-2 […]
Since the global financial meltdown of 2008, foreign direct investment (FDI) in the southern hemisphere has risen steadily, coinciding with explosive economic growth on the African continent. African countries such as Egypt, South Africa, Morocco, and Ethiopia have become both sources of wealthy investors and destinations for investment from other nations. African Investment Barriers Though […]
Getting the I-829 petition approved is the final hurdle that EB-5 investors need to clear to complete the EB-5 process and become legal residents of the United States, on their way to full citizenship. In order to get his or her I-829 petition approved, the applicant must prove that the requirements of the EB-5 Program […]
To avoid a long-term government shutdown, the President and Congress just agreed to a defense spending budget for FY 2018 and FY 2019.The agreement also included a decision to provide continuing funding to several federal programs, including the EB-5 Program,through March 23, 2018. Labeled as the “Continuing Resolution,” this portion of the legislation also laid […]
USCIS has completed its online presentation of FY2017 data for I-526 and I-829 petitions with the recent addition of Q4 data. Fortunately, the USCIS Immigrant Investor Program Office (IPO) managed to reduce its backload of I-526 and I-829 petitions by processing more than it received during the 2017 fiscal year. This is the first time […]
USCIS recently updated its online data for I-526 and I-829 Petitions to include Q3 of fiscal year 2017. During Q3 (April through June), the Investor Program Office (IPO) significantly increased its processing of I-829 Petitions, outpacing the receipt of new petitions for the first time in years—and by a significant margin. This increase in processing […]
As the EB-5 industry expands and matures, it continues to face several serious challenges that threaten the integrity of the program as a whole. These concerns include fraud, misuse of investor funds, and other improper actions undertaken by regional centers and developers—which, in turn, might lead the U.S. Securities and Exchange Commission (SEC) to investigate. […]
On March 20, 2017, United States Citizenship and Immigration Services (USCIS) announced new EB-5 regional center compliance audits. Generally speaking, these audits are intended to enhance integrity within the EB-5 Program, to ensure that regional centers are operating in compliance with the law, and to determine whether they are promoting regional economic growth and job […]
For some time now, EB-5 professionals have been anticipating possible changes to the program—either through legislation or through regulation. Each time the EB-5 Program has been due for renewal over the past several years, some level of concern and speculation has arisen regarding potential changes to the program. The EB-5 Program is once again due […]
The EB-5 Program may be facing a number of changes in 2017 from a number of sources—a new administration focused on addressing immigration, a legislature poised to enact comprehensive immigration reform, newly proposed regulations by USCIS, and changes to Chinese capital export restrictions. Taken together, these factors indicate a high probability that changes will occur […]
United States Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS), has proposed a number of revisions to the EB-5 Program. These revisions were published in the Federal Register on January 13, 2017, and written comments will be accepted through April 11, 2017. The four primary revisions under consideration are […]
After a contentious and in many ways unprecedented election season, one question looms in the minds of many: What next? What will President Trump do and how will his actions shape the future of the EB-5 Program? Much of Donald Trump’s platform relied on tough talk, particularly toward immigration, and as a result, many immigration […]
In response to changing economic needs and securities regulations over the years, various trends have emerged in the adjudication of EB-5 visa petitions as United States Citizenship and Immigration Services (USCIS) focuses on new areas of concern within the program. As the I-526 petition is a crucial determiner of whether investors successfully navigate program requirements […]
Today the Federal Register published U.S. Citizenship and Immigration Services Fee Schedule, a final rule adjusting the fees required for most immigration applications and petitions. Out of the above changes, the fee increase for Form I-924 is the most significant – a 186% increase from $6,230 to $17,795. This fee increase applies to new regional […]
USCIS recently published the EB-5 program statistics for the third quarter of fiscal year 2016 (April-June 2016). I-526 receipts moved towards the norm but were still lower at 1,513 receipts than the same time last year. Annualized Q3 leads to a 6,000 petition number which is in line with 2012 / 2013 figures. As a […]
Recent uncertainty regarding the future of the EB-5 Program harkens back to temporary shakeups in 2013 brought about by the publication of the May 30 memorandum by United States Citizenship and Immigration Services (USCIS). While EB-5 practitioners were quick to adapt to the adjustments outlined in the memo, similar concerns have arisen in the present […]
The evolution of the EB-5 market has encouraged investors to undertake increased levels of due diligence prior to committing to projects. Aside from assessing whether a project will remain financially viable throughout the visa application period and beyond, investors have been encouraged by recent actions concerning EB-5 projects by the Securities and Exchange Commission (SEC) […]
India has a long history of emigration beginning in colonial times and culminating in the recent migration of educated laborers to the West, Southeast Asia, and the Arabian Gulf. With its booming population and substantial middle class, India currently poses a significant opportunity for EB-5 developers. The Indian Economy In 2013, India was facing its […]
Recent delays in the processing of EB-5 visa petitions from Chinese investors have encouraged regional centers to focus on Latin America as a potential investment source. Despite political and social instability over the past decades, many Latin American countries are now experiencing economic growth, and the United States has emerged as an appealing destination for […]
The EB-5 Program offers unique opportunities for investors in Brazil to immigrate to the United States. However, despite the fact that Brazil has the largest economy and population in Latin America, few Brazilian EB-5 investors have applied for EB-5 visas over the past years. The reasons for this are twofold: Firstly, the booming economy in […]
Although Iranian EB-5 investors currently represent a small percentage of the overall number of EB-5 cases, only 0.7% as of 2014, recent changes brought about by the issuance of a general license by the Office of Foreign Asset Control (OFAC) have opened a door for this untapped market. However, immigration attorneys and Iranian investors poised […]
On May 31st, 2016 USCIS released official statistics on current I-526 and I-829 processing through March, 2016 (Q2 of FY2016). I-526 Petition Trends The most recent quarter (Q2 FY2016) showed a substantial decrease in new I-526 filings due to the extraordinarily high number of filings in the previous two quarters. I-526 filings spiked at the […]
EB-5 Petition Filings Stronger than Ever and Growing According to recently released data from United States Citizenship and Immigration Services (USCIS), an increased number of EB-5 filings has resulted in a growing backlog of pending petitions. The updated data from USCIS provides numbers for Q1 of FY2016. Increased Number of I-526 Petitions The record number […]
Department of Homeland Security (DHS) has recently published a notice on proposed changes to USCIS’ fee schedule for the EB-5 Regional Center Program. Key Highlights of the Proposed USCIS Fee Changes: Annual Form I-924A Filing: $3,035 fee – – Additional new fee for all existing Regional Centers Form I-924 Application Filing: Increase from $6,230 to $17,795 – […]
The EB5Investors conference in Las Vegas in January, 2016 had 800+ attendees and was the largest EB-5 gathering in US history. One of our founding partners, Mike Schoenfeld, participated on the EB-5 Myth-busters panel. This was a panel geared at newer members of the industry and the content was focused on helping participants understand the […]
Since the introduction on June 3, 2015 of the bipartisan American Job Creation and Investment Promotion Reform Act by Senators Patrick Leahy (D-Vt.) and Chuck Grassley (R-Iowa) the Grassley / Leahy Bill, there is increased discussion on whether potential projects should file an I-924 “exemplar” petition prior to September 30th, 2015, the date on which […]
Why are Hotel Construction Projects so Popular for EB5 Regional Centers? New hotel construction is one of the most popular types of EB5 regional center investment today. The reasons behind this relate to the two primary goals for EB5 investors: (1) Obtaining a Visa (with the highest chance of it becoming permanent) and (2) Return of Investment Principal […]
USCIS updated the processing times for the Immigrant Investor Program Office on February 11, 2015. The processing times are slightly longer than previous figures: 14 months for I-526 Petitions. 11.4 Months for I-829 Petitions. 11.1 months for I-924 Applications. The processing times can be accessed at the following link: https://egov.uscis.gov/cris/processTimesDisplayInit.do
There is very little public information on the inner-workings of USCIS and more specifically on USCIS’ EB-5 program adjudication process. Each time a prospective Regional Center submits an I-924 application it feels a bit like the application is going into a black box, where it could be adjudicated within a few months or it may […]
While the mechanics of visa retrogression on a per-country basis are complex, the reality is that there are only 10,000 visas available in the EB-5 category each USCIS fiscal year. Since an average of approximately two family members apply alongside each investor, USCIS can approve 3,300 EB-5 visas each fiscal year. However, as of May […]
On October 24, 2014, USCIS released an updated EB-5 Processing Report of average processing times for the Immigrant Investor Program Office as of August 31, 2014. This recent report indicates that current average processing times are 13.8 months for Form I-526 (Immigrant Petition for Alien Entrepreneur); 7.2 months for Form I-829 (Petition by Entrepreneur to […]
Getting an EB-5 project a targeted employment area (TEA) designation can be incredibly important for EB-5 investors. The required EB-5 investment amount is lowered from $1 million to $500,000 if the EB-5 project is conducted in a targeted employment area.
The EB-5 program allows for the flexible use of the investment funds. It can serve as equity funding or serve as junior, unsecured mezzanine debt. EB-5 funding is ideal for filling in the typical
In the past year we have seen a significant spike in new entrants to the EB-5 market in China. With USCIS I-526 times projected to decrease, the number of potential projects for which EB-5 capital could work has largely increased.
Prepared Remarks of Nicholas Colucci, Chief, Immigrant Investor Program, USCIS USCIS投资移民项目主任Nicholas Colucci发言稿 Prepared Remarks of Nicholas Colucci Nicholas Colucci发言稿
