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USCIS Now Denying Advanced Parole for Individuals Who Leave the U.S. While I-131 Application is Pending

August 2017

This information only applies to foreign nationals planning to leave and subsequently reenter the U.S. with an advanced parole document while his/her adjustment of status is pending.

This information does not apply to foreign nationals who plan to travel on a temporary visa (i.e. H-1B, L-1, E-2/E-3, F-1, J-1, O-1/O-2, R-1) and who do not have a pending adjustment of status.

 

Background:

“Advanced parole” is travel permission granted to a foreign national who is already in the U.S. and is in the process of applying for a green card.

In technical terms, Form I-131 Application for Travel Document is filed to obtain permission to enter and leave the U.S. while Form I-485 Application to Register Permanent Residence or Adjust Status is pending. Individuals are not allowed to leave the U.S. while their Form I-131 is pending. Prior to now, an individual could re-enter the U.S. on a previously-approved advanced parole.

(H, L, K, and V visa holders have certain other rights which should be discussed with their immigration attorney prior to leaving the U.S.)

 

What is currently happening:

Form I-131 (both initial applications and renewals) are now being denied in instances where foreign nationals leave the U.S. even when the foreign individual already has previously-approved advanced parole. USCIS seems to now be enforcing the limited-view statement of law stating that an applicant cannot leave the U.S. while his/her Form I-131 is pending.

Even foreign nationals with H, L, or K visas (with valid multiple entry stamps) may not leave the U.S. while their Form I-131 is pending. If s/he leaves the U.S. while waiting for an application for advanced parole, the application for advanced parole is now considered to be abandoned and subsequently denied. This results in the foreign individual having to enter the U.S. on his/her valid H, L, or K visa.

 

What to do now:

It is now advisable for individuals who are filing Form I-131 while waiting for adjustment of status to NOT travel outside of the U.S. until the Form I-131 is approved (even if the foreign national already has a previously-approved Form I-131). Based upon current USCIS adjudication time, Form I-131 processing takes approximately 4 months. It is advisable to not leave the U.S. during such adjudication time.

You should contact the experienced immigration attorneys at David Hirson & Partners, LLP with questions or concerns regarding your advanced parole or adjustment of status.

Tel: (949) 383-5358                          Email: info@hirson.com                                www.Hirson.com

 

David Hirson & Partners, LLP at the EB5 Investors Magazine Conference in San Francisco

David Hirson & Partners, LLP is proud to have sponsored and presented at the EB5 Investors Magazine Conference in San Francisco on July 27 & 28, 2017. EB5 Investors Magazine continues to host high-quality events which provide anyone interested in EB-5 with a wealth of knowledge and an abundance of prime networking opportunities.

On the first day of the conference, firm partner, Mr. Nima Korpivaara, was the moderator on the “Source of Funds Issues” panel in the Agent Workshop. Nima and the panel discussed third-party transfer of investment funds, indebtedness, and common issues encountered with obtaining loans from companies. Migration agents from around the world were able to learn more about source of funds issues commonly encountered in Form I-526 EB-5 petitions.

The second day of the conference saw DHP’s other partner, Mr. David Hirson, moderating another panel regarding EB-5 investor source of funds issues. This panel spoke to the wider conference audience about recent trends seen in EB-5 investors’ source of funds. David moderated a panel comprised of top experts in this subject who were able to provide the audience with unique and helpful insights.

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Senator Ted Cruz (R-TX) was the keynote speaker at the conference’s main lunch. Among other topics, Mr. Cruz spoke about supporting the renewal of the EB-5 Regional Center Program in order to continue creating full-time jobs for U.S. workers.

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As we approach yet another “sunset” date for the EB-5 Regional Center Program, please contact our expert EB-5 team at David Hirson & Partners, LLP for more information about how to go through the EB-5 immigrant investor visa process or how to utilize EB-5 funding in your business.

Telephone: (949) 383-5358                 www.hirson.com                     info@hirson.com

eb5 immigration

Direct EB-5 Investment vs. EB-5 Regional Centers: Which Immigration-Investment Path is Right for Investors?

Many prospective foreign investors who are interested in EB-5 immigration are unsure as to whether they should invest through an EB-5 regional center or if they would be better off directly investing in a project or business venture of their own creation.

This article explores the two pathways for EB-5 immigration – direct EB-5 investment and regional center investment – and how they differ.

The path you should choose will ultimately depend on what your personal goals and abilities are and how you prefer to use your abilities to meet your goals.
 

EB-5 Immigration through Direct Investment
If you are the kind of investor who would like to operate your own business in the United States, feels qualified to open and operate this business, and who is willing to operate this business under the scrutiny of the United States Citizenship and Immigration Services (USCIS), a direct EB-5 investment may be a good option for you. (Note that your new enterprise will also be subject to U.S. corporate, tax, and employment laws and regulations.)

If you plan to open and operate your own business in the United States, you must understand that to qualify for EB-5 immigration with a $500,000 investment, you will need to open that business in a Targeted Employment Area (TEA). A TEA is a geographic area meeting certain requirements allowing it to qualify for the reduced $500,000 investment level. If your business is not located in a TEA, then the minimum investment required is at least $1,000,000.

Under either path, direct or regional center, each investor must prove to USCIS that the requisite 10 full-time U.S. jobs were created through the investment. The direct EB-5 investment option typically relies on direct-hire jobs. This means that the business that you open and operate in the United States must create (and document) jobs for at least 10 US citizens or permanent residents. This can be a very difficult requirement to fulfill, depending on the business type you undertake.

Also, with a direct EB-5 investment, you will be required to prove that you maintain direct ownership and some managerial control over the business that you open and operate in the United States. This means that you must be engaged in the management of your business and in making the decisions that come along with this kind of business. There are, however, some business models you can consider that will allow you to straddle the line between a hands-on and a more hands-off approach to the management of your business.

Generally speaking, the reasons that some EB-5 investors choose direct EB-5 investment immigration is because they:

  • Feel qualified to operate their own business
  • Want to manage their own business
  • Feel that if they operate their own business, their investment will be safer and offer them a higher return or security.

 

EB-5 Immigration through Regional Center Investment
The EB-5 regional center program is a perfect alternative for investors who want to qualify for EB-5 immigration, but who don’t want to be actively involved in operating an EB-5-invested business in the United States.

The regional center path has the same minimum investment requirements as the direct EB-5 investment path: an investment project located in a TEA currently qualifies for the lower $500,000 minimum investment while all other (non-TEA) investment projects currently require at least $1,000,000 to be invested in order to qualify under the EB-5 program.

Evidence of creating 10 full-time U.S. jobs must still be submitted to USCIS under this option. With the regional center path, the regional center and investment project work together to gather the necessary evidence for investors to prove that the necessary jobs were created.

David Hirson & Partners, LLP specializes in “pooled direct EB-5 investments” where direct EB-5 investors can potentially enjoy the benefits of regional center investments, depending on the investment project meeting certain conditions. Pooled direct investments will require the direct hiring of 10 full-time workers per EB-5 investor, but could also allow the investor other benefits created under the regional center path.

EB-5 immigration through regional center investment offers the following advantages to investors:

  • You will not have to work in the business
  • You will not have to live in proximity of the business, meaning that you can live anywhere in the United States
  • You will not be required to be actively engaged in managing or making decisions for the business.
  • The required U.S. job creation may include both direct and indirect jobs.

That being said, it is extremely important for you to work with your legal counsel and your financial advisor to choose the right regional center and project in which to invest your money. Performing proper due diligence before you invest will demonstrate that:

  • The investment meets the requirements for EB-5 immigration. In other words, that it will render you eligible to obtain a conditional green card through the EB-5 program and later a permanent green card.
  • The investment meets your requirements in terms of the type of return you expect on your money.

Again, the path to EB-5 immigration that you choose, be it direct investment or regional center investment, should reflect the kind of investor you are and align with your goals and abilities. For more detailed information on the subject, consult with an experienced EB-5 immigration lawyer.
 

Contact an Experienced EB-5 Immigration Lawyer
This article briefly explains the general differences between direct EB-5 investment and EB-5 regional center investment and their related advantages. However, there remains much more on the subject that you, your attorney, and your financial advisor can explore in more detail with the assistance of a qualified EB-5 immigration attorney. At David Hirson & Partners, LLP, we are familiar with the various requirements that an investor must meet in order to qualify for EB-5 immigration and can help you successfully navigate your immigration process.

 

Telephone: (949) 383-5358      Email: info@hirson.com      Website: www.hirson.com

What Is an EB-5 Regional Center? [Infographic]

Organizations designated as “EB-5 Regional Centers” by the U.S. Citizenship & Immigration Service (USCIS) facilitate the EB-5 investment process. Specifically, Regional Centers enable foreigners to invest money into projects which create at least 10 full-time U.S. jobs per investor. Regional Centers reduce certain hurdles in investment projects meeting the rigorous EB-5 job requirements. EB-5 capital from various foreign investors is pooled by Regional Center entities and then invested in economic development projects meeting USCIS’ strict regulations. Currently, Regional Centers are responsible for about 95% of all EB-5 capital invested in the U.S. economy.

 

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