June 2021 EB-5 Investor Visa Program Changes: Your Questions Answered

Major changes were affected on the EB-5 Investor Visa program in June. Because of both federal court rulings and legislative challenges, EB-5 has seen significant, though possibly temporary, changes. In this article we will lay out some of the key facts and answer key questions that have arisen out of these changes. A. KEY CHANGES TO EB-5 IN JUNE 2021 The November 2019 change that increased the minimum investment amount in a targeted emplo... Read More

The EB-5 Regional Center Program Expired on June 30th Only Temporarily

After Sen. Lindsey Graham's (R-S.C.) objection to extend the EB-5 Regional Center program via unanimous consent, the program expired as of June 30, 2021. The Regional Center program enables foreign investors to obtain green cards in exchange for investment in US businesses and project Regional Centers. There is still a positive hope that the Regional Center pr( will be revived, as it has been for over 20 years. Though Senators are currently o... Read More

New EB-5 Regulations Struck Down By U.S District Court: $500,000 Investment Sufficient For A Short Time

A lawsuit challenging EB-5 regulations was successful on June 22, 2021, as the U.S. District Court for the Northern District of California ruled that the regulations were not lawfully promulgated. The regulations at issue, which came into effect in November 2019, significantly increased investment amounts from $500,000 to $900,000 for investments in a targeted employment area (TEA) and from $1 million to $1.8 million for investments not in a ... Read More

Norway Scores Tops for Digital Nomads

COVID-19 has forced millions of professionals world wide to abandon their office and relocate to a remote work style. As a report by InsureMyTrip has made clear, the pandemic has also led full-time employees and freelancers to try a lifestyle as a digital nomad. As more companies have accommodated these wandering professionals, so have country destinations that recognize the opportunity to build their professional corps and support their econ... Read More

EB-5 Immigrant Investor’s Litigation Benefits

Litigation involving the EB-5 immigrant investor visa has increased, quickly becoming the most viable solution to some of the challenges many immigrant investors face. The barriers set by USCIS have made applications unnecessarily difficult. I-526 petitions linger for years, and the requests for more documentation are now inevitable. Overall, the denial rate has skyrocketed. Is the USCIS EB-Immigrant Processing Office (IPO) doing what they ha... Read More

Considering applying for an EB-5 Visa?

Foreign nationals seeking permanent resident status in the U.S. are relying on the EB-5 investment route when there is no other way. Various reasons might be surmised for the popularity of the investment option, including the reduced availability of other options under U.S. immigration laws and the comparatively low investment amount of $900,000, which is lower than many other countries, including Canada. Those who would benefit from EB-5: ... Read More

Remote Working Opens New Doors To “Digital Nomads” For Immigration

Italy offers digital nomads enticing taxation opportunities. Following the pandemic, many workers don't need to flock to their office each day. Picking up on this trend, a number of countries see the benefits of attracting these digital nomads. Greece currently offers tax relief at a rate of 50 per cent. Spain, Estonia and Dubai offer ad hoc visas, and Italy as joined in the competition with some fantastic incentives. For many, the tools of t... Read More

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