Trump Administration reinterpreting 2008 Vietnam War Agreement.

Client Alert: Trump Administration Reinterpreting 2008 Vietnam War Agreement

On Wednesday, December 12, 2018, the Trump administration unilaterally decided to reinterpret an agreement from 2008 between the United States and Vietnam. This 2008 agreement discussed the proper procedure for how to deport a Vietnamese national from the United States with a final order of removal. However, the agreement specifically stated that these procedures would not apply to any Vietnamese national who entered the United States prior to July 12, 1995. This date was chosen as it was the first time the United States and Vietnam officially re-established diplomatic relations after the end of the Vietnam War. Its purpose was to protect those who had fled as refugees from the Vietnam War, and therefore do not see Vietnam as their home anymore.

Now, the Trump administration is re-interpreting this agreement, without consulting Vietnam, to mean that the U.S. government is not completely unable to remove people to Vietnam, even if they arrived before 1995. While details have not been provided at this time, it looks like the Trump administration is specifically looking to apply its reinterpretation to those with final orders of removal, or those who have certain criminal convictions.

Since we are not entirely sure how the Trump administration plans to implement this reinterpretation, we suggest that individuals who are a part of the following groups exercise caution:

1) Anyone with a final order of removal from an immigration judge should be careful to follow all rules, laws, and regulations in an effort to avoid interaction with law enforcement. Those with final orders AND criminal convictions should be especially cautious.

2) Anyone who has criminal convictions should avoid international travel in an abundance of caution. CBP officers could potentially reinterpret eligibility for removal and initiate removal proceedings, even if the convictions are old.

Should you have further questions regarding this policy, click here or call (949-383-5358) to schedule consultations to discuss your specific case, or provide “Know Your Rights” information regarding ICE Officers ability to enter your home. If anything dramatically changes regarding this policy, we will issue another update.

David Hirson & Partners, LLP Offers L-1A/EB-1C Visa Insights

David Van Vooren, Partner at David Hirson & Partners, LLP, recently authored an insightful article published in the China ImmiMarket Magazine. The article is titled: “How U.S. Franchises Can Support L-1A and EB-1C Visas” and has been published in Chinese in order to educate those individuals from China who are interested in combining franchise opportunities with their U.S. immigration plans.

David Van Vooren published an article in the China ImmiMarket Magazine.

(English version is available upon request.)

David Van Vooren works extensively on the EB-5 immigrant investor program and also has substantial experience advising foreign investors and entrepreneurs on U.S. immigration matters relating to L-1 and E-2 cases that involve startup companies in the U.S. David also speaks and reads Mandarin Chinese with a high level of proficiency, and he previously worked in the Shanghai office of an international law firm.

David and our knowledgeable team of attorneys are available to discuss:

  • how to grow your franchise by using foreign capital or
  • how your U.S. immigration options can be paired with running your own franchise business.

Call (949-383-5358) or complete the Contact Us Form to schedule a consultation.

Congress and President Trump extend Eb-5 regional program for two more weeks.

U.S. Congress and President Trump Extend the EB-5 Regional Center Program for 2 Weeks

Last Friday (December 7, 2018), President Trump signed a 2-week “stopgap” (a.k.a. extension) spending bill that allows the U.S. government to continue operating until December 21, 2018. This extension also includes allowing the EB-5 regional center program to continue until December 21st. Congress and President Trump are still negotiating what to do after December 21st. There are a number of issues that are being debated right now, including funding to build a wall on the U.S. Mexico border.

While we do not expect EB-5 to be discussed or debated in Congress right now, we do expect the EB-5 regional center program to be continued to some point in time next year. We will let our readers know more as soon as we learn more.

We urge you to contact us with any further questions you may have about the EB-5 immigrant investor program or any other U.S. immigration program. Our team of successful corporate immigration attorneys can help you.

Financing the expansion of your business in the U.S. with Visas

Finance the Expansion of Your Business in the U.S. Through E-2, L-1/EB-1C, & EB-5 Visa Pathways

Originally published in the November 19, 2018 edition of the Orange County Business Journal

The U.S. economy is going strong now with businesses on the rise, unemployment at a record low, and more open job positions than there are applicants. We can see many businesses implementing expansion plans on a regular basis these days, with such growing businesses searching for good sources of capital. The purpose of this article is to introduce the idea that it can be worthwhile and even cheaper to use non-U.S. sources of capital in order to expand your business in the U.S.

One good way of accessing foreign sources of capital is tying the foreign capital investment to immigration pathways. The U.S. offers a few different avenues of immigration that combine a foreign individual’s dreams of coming and starting/expanding a business here on U.S. soil. Let’s go over a few key points of the E-2, L-1, EB-1C, and EB-5 visas:

E-2 Treaty Investor Visa

An individual may be issued an E-2 Treaty Investor visa if:

  • The individual or the individual’s business is from an E-2 Treaty nation and at least half of the business must be owned by nationals of the treaty nation.
  • The individual or the individual’s business has made or is in the process of making a substantial investment (generally in excess of $100,000) in a business in the U.S.
  • The individual is either the principal investor who will direct and develop the business in the U.S., or the individual is an executive manager or employee with special skills essential to the company.
  • The investment is not the individual’s sole source of income.

E-2 Treaty Nations are countries that have treaties of trade and commerce with the U.S. There are a lot of E-2 treaty nations. Unfortunately, countries such as China and India are not E-2 treaty nations and therefore do not qualify for E-2 Treaty Investor visas. (That being said, individuals from China or India could potentially obtain citizenship from other E-2 treaty nations that have Citizenship by Investment (“CBI”) programs and then the Chinese or Indian national could subsequently qualify for an E-2 visa.)

L-1 Intracompany Executive/Manager Transferee Visa (Nonimmigrant Visa)

An L-1 Intracompany Executive/Manager Transferee visa is for those foreign nationals who have plans to be employed in the U.S. by a parent, subsidiary, affiliate, or branch of a foreign business where the foreign national had already been working overseas for at least one year (within the three preceding years). The foreign national must have been employed in an executive, managerial, or specialized knowledge capacity for the overseas employer and subsequently be employed in an executive, managerial, or specialized capacity in the U.S. company.

The L-1 visa allows a qualifying foreign national to enter the U.S. relatively quickly to start working. It is important to note that the L-1 transferee does not need to do the same work as he or she was performing overseas; this means that the foreign transferee who managed a factory in China could potentially come and manage a new franchise business in the U.S. given that the U.S. franchise will become an affiliate or subsidiary company of the Chinese factory. This visa is only a temporary work visa.

EB-1C Intracompany Transferee Visa (Immigrant Visa)

The EB-1C (a.k.a. EB-1-3) visa is the permanent version of the L-1 visa which leads to U.S. permanent resident status with a green card. The requirements for this visa are very similar to the L-1 executive/manager visa requirements, except that there is no “specialized knowledge” qualification category. The foreign national must be coming to the U.S. on the basis of a permanent job offer to work in a management or executive capacity. It is important to note that while this visa leads to a foreign national obtaining a green card, the applicant must wait for an EB-1C visa number to be available.

In some circumstances where a company is just starting its operations in the U.S., a foreign manager or executive can apply for an L-1 visa first and then submit an EB-1C visa application after a year or so.

EB-5 Immigrant Investor Visa

The EB-5 visa has become very popular in recent years as a pathway for foreigners to invest in the U.S., create full-time jobs for U.S. workers, and bring their families to the U.S. There are no managerial, executive, or specialized knowledge requirements for this visa because the EB-5 requirements focus on the foreign national investing either $500,000 or $1 million (depending on the investment’s location and minimum investment amounts subject to change soon) and that investment must be proven to have created at least 10 full-time U.S. jobs per EB-5 investor.

There is currently a huge backlog for EB-5 visa applicants from China, Vietnam, and India. This has led EB-5 applicants from these countries to explore other corporate immigration pathways such as the L-1/EB-1C visa pathways that require foreign nationals to come and manage a sizeable business in the U.S.

It is at this point that some foreign nationals start to look at investing in and running their own franchise business in the U.S. Some brand-name franchises are now cooperating with foreign investors who are looking to tie their family’s immigration dreams with a dream of running a business in the U.S. The L-1/EB-1C visa pathways can become a viable tool that allows U.S. businesses to expand by working with foreign nationals who become managers of the expanding or new U.S. business.

The attorneys at our law firm, David Hirson & Partners, LLP, specialize in successfully strategizing and filing these corporate immigration visas and many other visa types. Come find out if your U.S. business expansion plans can work alongside the E-2, L-1/EB-1C, or EB-5 visa pathways.

David Hirson, Esq. has more than 35 years of experience in corporate immigration law, specializing in business and investment immigration. David is the founding and manager partner of David Hirson & Partners, LLP (“DHP”), and he is internationally-recognized for his decades of success in investment immigration. DHP’s attorneys have over 70 years of combined experience in advising individuals, start-ups, large corporations, hospitals, and universities in navigating complex areas of employment immigration.

The firm’s business and employment-based immigration practice provides a full range of services, including EB-1-1(A), EB-1-2(B), EB-1-3(C), National Interest Waivers (NIW), EB-2, EB-3, EB-5, H-1B, E-1/2, L-1(A)/2(B), H1B, and other immigrant and non-immigrant visas. DHP is one of a select few firms that also specialize in immigration for franchise businesses who have foreign partners/managers. David’s firm also works closely with individuals and HR departments to understand their needs and customize an immigration plan that surpasses their expectations.

DHS proposing to eliminate concurrent filings could impact visa petitioners.

U.S. Department of Homeland Security Proposes to Eliminate Concurrent Filings

In this new announcement published earlier this month, the Department of Homeland Security (DHS) is proposing to eliminate the ability to concurrently file visa petitions (I-130 Family Based Petitioners and I-140 Employment Petitions) with adjustment of status applications (I-485) for those within the United States seeking to acquire permanent residence status. This proposed change would affect all “preference category” applicants, meaning siblings of adult U.S. citizens. Parents, spouses, and children under 21 years of age would not be affected by this.

Currently, concurrent filing is available in the following situations:

  • Immediate relatives of U.S. citizens living in the United States
  • Most employment-based applicants and their eligible family members when a visa number is immediately available
  • Special immigrant juveniles if an EB-4 visa number is immediately available and USCIS has jurisdiction over the application to adjust status.
  • Self-petitioning battered spouse or child if:
    • The abusive spouse or parent is a U.S. citizen, or
    • If an immigrant visa number is immediately available
  • Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA) Special Immigrant International Organization Employee or family member

An applicant must be in the United States to concurrently file. It is important to note that the proposed change right now only mentions eliminating concurrent filing for “preference categories” in the visa bulletin, leaving immediate relatives out of harm’s way. However, this will affect most employment-based petitions where a visa number is currently available.

This change will require visa petitioners to maintain some kind of nonimmigrant status while their petition is pending and force them to wait longer to apply to adjust status in the United States, despite a visa number being available.

You can read more about concurrent filings here.

The experienced attorneys at David Hirson & Partners, LLP are ready to help you with any changes to U.S. immigration processes and procedures. Contact us to receive answers to your corporate- and family-based immigration questions:

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

4 Steps to become a U.S. Resident through Perm Labor Certification

4 Steps to U.S. Permanent Residency Through PERM Labor Certification [Infographic]

Employers play a big role in an immigrant employee’s ability to obtain U.S. permanent resident status. An employer must often provide a labor certification as part of the application process. This important step is a requirement to apply for a green card for may workers. Providing a labor certification, often referred to as a “PERM,” is more than just filling out a form, however. It requires that employers go through a three-step process, after which there is only one more step required for the employee to obtain resident status in the U.S.

How to obtain permanent residence through PERM Labor Certification.

1.      Make a Prevailing Wage Request (PWR)

The Immigration and Nationality Act requires that wages offered to immigrant workers will not negatively affect the rates that workers in the U.S. earn while they are employed in a similar job. To ensure that salaries are comparable for purposes of obtaining a labor certification, an employer must request a PWR from the Department of Labor (DOL).

Of course, wages vary significantly across geographic areas and industries. Employers can determine whether their position has a comparable salary by using the Foreign Labor Certification Data Center Wage Library. This is a good place to start if you are unsure if your job provides a prevailing wage based on the market in your area.

The employer must make a PWR by visiting the U.S. Department of Labor’s website. The employer will provide various details about the job to determine what a minimum wage that must be offered may be. These details include things like:

  • Worksite location
  • Job requirements
  • Qualifications necessary
  • Job duties
  • Hours and working environment

Giving this information to the DOL is a requirement to obtain a labor certification, so employers should hammer out these details long before making an offer to a potential worker.

2.      Recruiting and Advertising

As an employer, you must demonstrate to the DOL that there are no qualified workers that are willing and able to fill the position. Part of that process includes a “good faith” recruitment and/or advertising effort. That usually consists of advertising or using recruitment efforts that are normal for the industry; it also includes three mandatory recruitment efforts:

  • Place an ad with the state workforce agency in the state where the work will be located.
  • Place newspaper ads on two different Sundays for the position. The newspaper should be one of major circulation in the intended area of employment.
  • Set out an ad or post a notice of the job opportunity at the worksite location.

If the position is professional, the employer must select three other methods of advertising to meet the requirements. All recruitment and advertising efforts must be no older than 180 days from when you file the PERM application.

3.      File ETA Form 9089

Next is to actually file ETA Form 9089 with the DOL. The DOL recommends that employers complete this form electronically, but it can also be submitted by mail as well. You provide much of the same information about the position requirement as was supplied with the PWR and details regarding the efforts you took to recruit or advertise. The form will also include information about the proposed worker, including:

  • Place of birth
  • Work experience
  • Educational background
  • Other relevant credentials

Once you submit the application, you must wait several months for the DOL to approve the filing. It can take even longer if the PERM is audited. The DOL will request additional information regarding any aspect of the application if it is reviewed.

  1. File Form I-140 to Obtain Permanent Residency

Only after the first three steps are completed can you obtain a labor certification that is necessary for the I-140 immigrant visa. The employer can then petition on behalf of the immigrant employee for permanent U.S. residency.

Having an attorney walk you through this process can save valuable time and money. The team at David Hirson & Partners, LLP is available to help! Contact us for more information or schedule an appointment.

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

EB-5 Expo in South Korea

David Hirson & Partners, LLP Sponsors and Presents at the 2018 EB5Investors EB-5 Expo in South Korea

 

EB-5 Expo in South Korea

 

David Hirson & Partners, LLP (“DHP”) is proud to have sponsored and presented at the EB5Investors 2018 EB-5 Expo in South Korea, hosted by EB5Investors Magazine. When the EB-5 Program first began in the 1990’s, South Korea was originally the top EB-5 market, outnumbering investors from Mainland China. Over the past 20 years, South Korea has generated a steady stream of EB-5 investors. Korean investors, who are very familiar with the advantages of the EB-5 program, tend to be highly sophisticated and financially savvy professionals such as doctors, lawyers, accountants and businessmen. This EB-5 Expo featured interactive panels which discussed topics such as the EB-5 application process and understanding source of funds documentation. Other topics included the mindset of Korean investors, how the EB-5 program impacts investors, and where the EB-5 program is heading in the near future.

 

Panel discusses issues for South Korean investors

Attorney Evelyn Hahn, Partner at DHP, and Jessie Park, Director of Korean Marketing at DHP, were present at this event. Evelyn moderated the panel on “Common Issues Facing Korean Investors”, which comprised of top migration agents in South Korea. This panel discussed common issues encountered by Korean investors such as: project standards for Korean investors, prospects of popular EB-5 projects in 2019 in Korea, Korean investors’ issues with source of funds, overseas remittance formalities in Korea, prospects of the EB-5 market in Korea after the future increase in investment amounts, etc. These panelists and Evelyn were able to provide the audience with unique and helpful insights based on their extensive experience working with Korean investors over the past several years.

David Hirson & Partners, LLP is proud and honored to be working with our partners and clients in South Korea. We are one of the very few EB-5 law firms in the U.S. with a team dedicated to Korea’s EB-5 market. Please contact our experienced team members for more details about the Korean EB-5 market and more information about how to go through the EB-5 immigrant investor visa process.

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

Franchise Investment and Immigration Seminar

“Reside Legally In The US Through A Franchise Investment” Seminar in Costa Mesa and Seattle

David Hirson & Partners LLP, Visa Franchise, and Turquoise Tax Advisory* will host five investment immigration seminars in Seattle, Washington and Costa Mesa, California this October. The seminar, “Reside Legally in the US through a Franchise Investment,” is geared towards foreign nationals seeking to reside legally in the U.S. through the E-2, EB-1c or EB-5 visas. English, Chinese, and Spanish events will be available. Find more information on the dates and locations below.

Flyer for Hirson Franchise Investment Seminar

Seattle, Washington 7:00-8:30 PM

David Hirson & Partners LLP | 800 5th Avenue | Suite 4100 | Seattle, WA 98104

Costa Mesa, California 3:00-4:30 PM

Law Offices of David Hirson & Partners, LLP | 1122 Bristol Street | Costa Mesa, CA 92626  

Agenda

E-2, L-1, EB-1c and EB-5 Visas – The Basics, The Requirements and US Immigration Updates

The United States Franchise Market and Opportunities for Foreign Investors

*Pre-Immigration Planning, Business Tax Planning and Entity Structuring

Questions & Answers

David Hirson & Partners, LLP 

David Hirson & Partners, LLP with offices in Costa Mesa, California and Seattle, Washington, has over 30 years of experience in corporate, business and investment immigration, and the foundation of our practice is the lasting relationships we have built within the community.We proudly support a diverse client base that spans across local, regional and national levels. Our business immigration practice provides a full range of services, including an EB-5 investment immigration practice that is nationally recognized for individualized attention and expertise. From all of us at David Hirson & Partners, we look forward to serving your legal needs.

Visa Franchise

At Visa Franchise, we specialize in helping foreign nationals find the best franchise investment that will qualify them for an E-2, EB-1c, or EB-5 visa. Our goal is to simplify the process by finding and analyzing the best franchise investments for our clients and their family based on their own unique profile. We have advised hundreds of clients from over 35 countries around the world. Testimonials can be found on our website here. If you are interested in owning a franchise please reach out to info@visafranchise.com or call us at +1-888-550-7556.

Turquoise Tax Advisory

Turquoise Tax Advisory is a Washington State CPA firm that specializes in providing tax services for cross border taxpayers and businesses.  US tax law is one of the most complex fields of law in the US legal system.  Providing accurate and thorough tax advice requires a lifelong commitment to developing the necessary expertise to advise international clients. Deniz Kiral has been a CPA since 1991 and developed his tax expertise through his experience in top internationally public accounting firms and collaborating with leading tax attorneys and accountants in the profession.

*Turquoise Tax Advisory will be in the Seattle, Washington event, but not in Costa Mesa, California

Reach out to us at +1 949.383.5369 or info@hirsonimmigration.com with any questions regarding the event!

Feature Article Show Keys to Success Between U.S. Law Firms and Vietnam

Feature Article Shows Keys to Success Between U.S. Law Firms and Vietnam

Keys to a Successful Partnership Between U.S. Law Firms and Vietnamese Migration Agencies – DHP’s Feature Article in First Vietnamese Edition of EB5Investors Magazine

David Hirson & Partners, LLP (“DHP”) is honored to have two of its dedicated Vietnam immigration professionals be the authors of a featured article in EB5Investors Magazine’s first-ever Vietnamese edition. EB5Investors.com and EB5Investors Magazine is known as being one of the leading platforms for all EB-5 immigrant visa knowledge. DHP is a regular contributor to all of EB5Investors’ magazines and international conferences.

The article can be read here: Keys to a Successful Partnership Between U.S. Law Firms and Vietnamese Migration Agencies

Attorney Phuong Le says, “This article has been published with perfect timing after our firm just returned from a two-week business trip to Vietnam. Many thanks to our clients and partners for a successful and productive journey across the country filled with seminars, lectures, consultations, and (way too much) food. Whether you’re an established or new Vietnamese migration agency, this article covers the important issues you’ll want to consider as you select a top tier law firm to support your business and investors. If you are considering EB-5 for you and your family’s immigration, this article can provide you with some tips on how to select the right team to help with your immigration goals.”

Contact us at David Hirson & Partners, LLP to schedule a consult with our team of professionals who can advise you on how to move forward with you and your family’s immigration goals.

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

 

justice-us-eb5-investor-picture

US Department of State Visa Bulletin for October 2018 and its Implications for EB-5 Investors from Vietnam

CLIENT ALERT

September 17, 2018

RE:      US Department of State Visa Bulletin for October 2018 and its Implications for EB-5 Investors from Vietnam

 

The latest visa bulletin from the U.S. Department of State is a positive development for EB-5 investors because it shows that (1) the priority date for pending investors has jumped over a year for EB-5 investors from Vietnam and (2) EB-5 investors (except for Mainland China-born) are eligible to file their adjustment of status applications if they’re in the U.S. and otherwise qualified.

  1. The October 2018 Visa Bulletin Board

With the 2018 fiscal year coming to an end, the United States Citizenship and Immigration Service (“USCIS”), in conjunction with the U.S. Department of State (“DOS”), issued the upcoming visa bulletin for October 2018 showing dates of action for both family-based and employment-based visa categories.[1] The visa bulletin shows who is eligible to file for an immigrant visa abroad, or for adjustment of status within the United States based on the number of immigrant visas the DOS has made available at that time. The October 2018 Visa Bulletin reflects the following as “final action” dates for employment-based cases:

 

All Others CHINA

 

EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO PHILIPPINES VIETNAM
1st 01APR17 01JUN16 01APR17 01JUN16 01APR17 01APR17 01APR17
2nd C 01APR15 C 26MAR09 C C C
3rd C 01JUN15 C 01JAN09 C 01JUN17 C
Other Workers C 01MAY07 C 01JAN09 C 01JUN17 C
4th C C 15FEB16 C 22OCT16 C C
Certain Religious Workers U U U U U U U
5th Non-Regional 

Center
(C5 and T5)

C 15AUG14 C C C C 01JAN16
5th Regional Center
(I5 and R5)[2]
U U U U U U U

 

As illustrated in the highlighted column above, for those from Vietnam who filed EB-5 petitions under section 203(b)(5) of the Immigration and Nationality Act (“INA”), this visa bulletin presents promising developments in the adjudication process for those awaiting approval.

Every year, Congress allots 10,000 immigrant visas for the EB-5 employment-based visas, with 3,000 of those set aside for those who invested in Targeted Employment Areas (“TEAs”), and another 3,000 for those who invested in regional centers.[3] Once again, the DOS will issue about 700 immigrant visas at the beginning of the 2019 fiscal year for Vietnam’s EB-5 investors.[4]

  1. Latest Priority Date for EB-5 Investors from Vietnam (January 1, 2016) & Effect on Pending Petitions

This visa bulletin allows those who received a priority date on their petition earlier than January 1, 2016 to apply for an immigrant visa abroad, or to adjust status in the U.S. This is a significant improvement from the prior final action date in the September 2018 Visa Bulletin, which only allowed immigrant visas for those with a priority date earlier than August 8, 2014.[5]

Vietnam first experienced retrogression in May 2018 and has maintained a date of action around the end of July or beginning of August 2014 since that time. The new January 2016 action date indicates that the waiting period for those investors from Vietnam who filed EB-5 petitions will have a shorter waiting period for lawful permanent resident status in the United States. While the current wait time is approximately six years from the date of filing for Vietnamese investors, this two-year shift in final action date points towards faster adjudication and shorter times between approval and visa availability.[6]

This is promising news for the dependents of EB-5 investors for whom aging out is a concern. While the Child Status Protection Act (“CSPA”) “freezes” a child’s age at the time of filing the EB-5 petition, this only applies until the EB-5 petition is approved. At the time the immigrant visa becomes available, the time it took to adjudicate the EB-5 petition is subtracted from the child’s age at the time a visa becomes available.[7] Thus, a shorter period of retrogression means that fewer children are likely to age out before an immigrant visa becomes available.

As one last piece of positive news, USCIS has announced that it will be allowing people to file their adjustment of status applications in the United States using the “Filing Date” chart below for the month of October:

 

All Others CHINA EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO  PHILIPPINES 
1st 01JUN18 01OCT17 01JUN18 01OCT17 01JUN18 01JUN18
2nd C 15JUN15 C 22MAY09 C C
3rd C 08AUG15 C 01OCT09 C 01JUL17
Other Workers C 01JUN08 C 01OCT09 C 01JUL17
4th C C 01MAY16 C C C
Certain Religious Workers C C 01MAY16 C C C
5th Non-Regional Center
(C5 and T5)
C 01OCT14 C C C C
5th Regional Center
(I5 and R5)
C 01OCT14 C C C C

 

These dates are generally earlier than the final action dates posted above and are used when USCIS determines that there are more immigrant visas available than they originally predicted for the month. This is especially good news for Vietnam, as Vietnam does not have a separate category with retrogression for “filing dates” – it is current, allowing Vietnamese investors within the United States who have approved EB-5 petitions to file for their conditional permanent residence.

While nobody can predict how the visa bulletin will move in the future, on balance, the October 2018 Visa Bulletin is a positive development for Vietnamese EB-5 investors and we will continue to monitor the situation on behalf of our investors.

 

[1] https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-october-2018.html

[2] Note that the visa bulletin current shows “U” for “unavailable” for those who invested through a regional center. This is because the regional center program is only funded through the end of the fiscal year. However, Congress has passed a continuing resolution, which would extend the regional center program until December 2018.[2] Upon signature by the President, the final action dates shown for non-regional center petitions would also apply to regional centers.

[3] INA § 203(b)(5); Section 610 of Public Law 102-395 (Oct. 6, 1992)

[4] “No more than 7 percent of the visas may be issued to natives of any one country in a fiscal year.”

[5] https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-september-2018.html

[6] Please note that the time between filing and approval is taking approximately 20-27 months. See https://egov.uscis.gov/processing-times/

[7] USCIS Adjudicator’s Field Manual, Ch. 21.2: Factors Common to the Adjudication of All Relative Visa Petitions, available at https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-3513.html#0-0-0-387