Citizenship by Investment: Navigating the country choices for E-2 Visas

Information for investors seeking E-2 visas following the acquisition of treaty country citizenship by investment ("CBI") is especially relevant in light of the changes in the EB-5 program post-November 20, 2019. This article will highlight country options available for those investors whose country (e.g. China, India, Vietnam, and others) does not have E-2 visa availability, looking to obtain citizenship in a country that has a bilateral invest... Read More

Retaining the Priority Date under New Regulation

When the investor's EB-5 petition has been approved, but there has been fraud or misappropriation of funds by the regional center, NCE or project, the investor retains their priority date. Where there is fraud by the investor resulting in the approval of an EB-5 petition, the priority date is not retained. If there is a material change after I-526 approval, which results in a revocation of the approved I-526 petition, the investor may keep their... Read More

Investors Win Appellate Reversal Of EB-5 Visa Denial

A federal appeals court in Washington has ruled that U.S. Citizenship and Immigration Services (USCIS) unreasonably denied a group of investors' petitions for EB-5 visas on the basis that their investment didn't comply with the rules of the program. The D.C. Circuit determined that the five immigrant investors' financial contributions to a senior living facility were indeed risky enough for them to qualify for EB-5 visas. According tot he pa... Read More

New EB-5 Regulations in Effect as of Nov. 21, 2019

The new EB-5 regulations came into effect on November 21, 2019, and several amendments have been introduced to the program. Established in 1990 by the Immigration Act of 1990, the EB-5 Immigrant Investor Visa Program allows eligible, foreign investors to become lawful permanent residents by investing at least $900,000 to finance a business in the U.S. New Standard Minimum Investments The standard minimum investment amount is now $1.8 ... Read More

New DHS Regulations for EB-5 Will Have Wide Ranging Impact

The U.S. Department of Homeland Security (DHS) finalized regulations which may upend the EB-5 investor visa program. The rule, which increases minimum investment amounts in TEA areas to $900,000 from $900,000 and all other areas to $1.8 million from $1.8 million, will go into effect on November 21, 2019. The adjustments to the minimum investment amount reflect changes in the Consumer Price Index since 1990, with further adjustments to take place... Read More

Minimum Investment Amount Increased to $900,000 For EB-5 Green Card

New rules will be published by the government on July 24, 2019 that will take effect on November 21, 2019. The main rule changes that are confirmed as of now are: TEA (Targeted Employment Area) investment amount for the EB-5 visa has been raised to $900,000, while areas outside a TEA will now require a minimum investment of $1.8 million.New technical rules, such as clarification on I-829 procedures for removal of conditiona... Read More

The EB-5 Regional Center Program Has Been Extended

The congressional appropriations bill passed last month included an extension of the EB-5 Regional Center program through September 30, 2019. We expect that the program will be extended in the future as well. This change will not affect applications from investors who are looking to create their own business. Immigration Options for Indian Nationals Many Indian citizens who are reviewing their potential immigration options have questio... Read More

EB-5 Regulation to Substantially Increase the Minimum Investment Amount Moves Forward

Recent news out of the Office of Management and Budget (“OMB”) suggests that an increase to the EB-5 minimum investment amount may come in the next few months. OMB recently moved a regulation that would increase the minimum investment amount to the review stage, the last stage before the rule will be finalized, published and will go into effect. The actual timing for the rule to go into effect is unknown. The review stage can take anywhe... Read More

Review of 2018 Changes to EB-5 Part 3: Changes to EB-5 Requirements and General Trends

Over the past few weeks, I have been posting thoughts on the key EB-5 developments of 2018. We’ve covered changes to the Regional Center Program, as well as the shifts in wait times and utilization that the program has seen recently. Today I’ll be closing out our 2018 review series by discussing the changes that we expected to see to the program in 2018, the changes that actually took place, and what this all means for EB-5 moving for... Read More

New Information on I-829 Receipts and Impacts of the Government Shutdown

Information Regarding I-829 Receipts In order to file for the removal of conditions on their permanent resident status, investors must complete the I-829 Form. It will only be approved if an EB-5 investor can prove that 10 jobs were created and the investment was maintained at risk. The USCIS will issue a receipt once the I-829 is filed. This receipt, called a Form I-797, allows for travel, work and driver’s license extensions by extend... Read More