Thoughts about the current situation for the EB-5 Immigrant Investor Program

Thoughts About the EB-5 Immigrant Investor Program’s Current Situation

This is an opinion piece adapted from ILW’s article, “Wishful Rumors,” that was published in an email blast on November 15, 2019.

November 21, 2019 marks the beginning of following new rules for the EB-5 Immigrant Investor Program. Some rumors have been circulating about whether anyone will try to stop these new rules. The rumored ways of stopping these rules focus around each of the three parts of the U.S. government. We believe that it is highly unlikely for anyone to stop these new rules from being enacted, so we should all be preparing to adjust to the new requirements.

1. Judiciary

Some have wondered if anyone will try obtaining a Temporary Restraining Order (“TRO”) from a judge that would stop the new rules from being put into place. Attorneys familiar with the process of obtaining a TRO say that this is unlikely since a judge typically only grants a TRO if it looks like there can be changes made to whatever is being restrained. It is highly unlikely that any changes would be made on these new rules.

2. Executive

The only way anyone in the Executive Branch could stop the new rules is if there was a true national emergency, i.e. a war breaks out or a natural disaster causes extreme damage. Even the President is lawfully unable to issue an Executive Order that affects these new rules.

3. Legislative

The Legislative Branch is the only branch that could change these new rules. But there needs to be a strong group of legislators who are willing to take the lead and change these rules through either a Continuing Resolution (“CR”) or a new statute. This path has proven to be deadlocked for years. Many are hopeful that Congress will eventually pass long-term changes to the program, but everyone is unsure of when this will actually come to pass.

One bill that is currently being considered by Congress, S.2778 – Immigrant Investor Program Reform Act seems to be gathering some good support. We are hopeful that Congress will eventually pass legislation making the program stronger for the future.

If you have any questions about the new changes to the EB-5 immigrant investor program, or you have questions about your immigration plans, contact us today to schedule a consultation with one of our attorneys.

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Breaking Down the New “Public Charge” Rule [infographic]

The U.S. Department of Homeland Security (DHS)  proposed a final rule, drastically redefining the definition of “public charge,” while expanding the list of public benefits that could render many immigrants inadmissible for entry into the U.S.

Originally set to go into effect on Oct. 15, 2019, multiple lawsuits across the U.S. along with Federal judges in New York and California have ordered a nationwide block.

Scroll down to see what could change should this final ruling go into effect.

Breaking down the new public charge rule

DHP Partner Eric Dominguez Supports Hispanic National Bar Association’s Corporate Counsel Division at Pathways to the In-House Counsel Role Event

Hispanic National Bar Association event

On October 17, 2019, Attorney Eric Dominguez, Partner at David Hirson & Partners, LLP (DHP) and Region 18 President of the Hispanic National Bar Association, attended the Hispanic National Bar Association’s Corporate Counsel Division and Region 18 along with the Latina Lawyers Bar Association and the Mexican American Bar Association for a discussion on transitioning to an in-house position. This event allowed attendees to learn from a distinguished panel of speakers who spoke on topics, including: how to market your skills and how to leverage your professional network in order to identify potential opportunities. The featured speaker for the event was the Honorable Manuel P. Alvarez, the Commissioner for California’s Department of Business Oversight.

Attorney Dominguez and DHP continue to support the Hispanic National Bar Association’s goals of empowering the Latino community and legal profession.

Contact us for more information on U.S. immigration issues and to see how we can help you with your immigration goals.

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David Hirson & Partners, LLP Proud Supporter of Orange County Korean American Bar Association’s 14th Annual Installation Dinner

Evelyn Hahn and Jessie Park with Honorable Judge Richard Lee at OCKABA Installation Dinner on October 10, 2019

On October 10, 2019, Attorney Evelyn Hahn, Partner at David Hirson & Partners, LLP (DHP) and Jessie Park, DHP’s Director of Client Relations – Korea, attended the Orange County Korean American Bar Association’s (OCKABA) 14th Annual Installation Dinner at Kia Motors America’s headquarters in Irvine, California. OCKABA was established in 2005 to foster professional and personal relationships among Korean American attorneys, provide pro bono legal services to the Orange County Korean American community, promote the appointment of Korean American judges, and facilitate the efforts of Korean American law students to navigate the transition to licensed practice.

This year, OCKABA honored the Honorable Judge Richard Lee, who is the first Korean American judge to be appointed to the Superior Court of Orange County. Mr. Don Liu, the Chief Legal and Risk Officer for Target Corporation, was the keynote speaker for the event. DHP is proud to have sponsored OCKABA’s Annual Installation Dinner for the past several years. Attorney Hahn has been an active member of OCKABA and has participated in OCKABA Foundation’s Pro Bono Clinics and volunteering legal services. David Hirson & Partners, LLP will continue to support the Korean American legal community by volunteering legal services and supporting various OCKABA events.

Attorney Hahn heads DHP’s dedicated Korean practice group and is regarded as a trusted source for numerous immigration matters. Contact us today to schedule a consult regarding you and your family’s immigration pathway.

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David Hirson & Partners, LLP Educates and Sponsors Immigration Conference in Vietnam

Attorney Phuong Le, Partner at David Hirson & Partners, LLP (DHP) recently returned from educating Vietnamese nationals about U.S. immigration strategies and standards. Attorney Le is recognized in Vietnam as a trusted source for U.S. immigration law and innovative immigration strategies.

On October 5, 2019, Attorney Le presented at the Khai Phu Vietnam Investment & Migration Summit held at Le Meridien Saigon. Attorney Le discussed and answered questions about EB-5, L-1, and E-2 visas. These visas are all popular and valuable pathways for Vietnamese families to successfully immigrate to the U.S. Attorney Le talked about how upcoming major changes to the EB-5 program make now the best time to invest and apply for an EB-5 visa.

After November 20, 2019, the EB-5 program changes, including increasing the minimum investment amount. DHP’s experienced attorneys can help you understand all of the changes to the EB-5 program as well as other U.S. visa possibilities.

While Attorney Le leads DHP’s dedicated Vietnam practice, DHP also has other teams of immigration professionals ready to assist individuals and families from all over the world with their U.S. immigration plans.

Contact us today to schedule a strategy session and find out your best options for U.S. business and family immigration.

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David Hirson & Partners, LLP Supports Immigration Champion Congresswoman Judy Chu – 10 Years in Congress

DHP attended Congresswoman Judy Chu's 10-year anniversaryOn September 16, 2019, David Hirson & Partners, LLP attended the 10th-anniversary celebration of Congresswoman Judy Chu’s service in the U.S. House of Representatives. As the Representative of California’s 27th District, Representative Judy Chu has been a hard-working champion for her constituents, including immigrants, veterans, people of color, and many more. The Congresswoman and her husband have both served the public’s interests for decades.

David Hirson & Partners, LLP is proud to have supported the Congresswoman’s efforts for intelligent immigration reform and economic development for many years. As the Representative for the San Gabriel Valley, where a lot of EB-5 investments and investors flowed into, the Congresswoman was very aware of the EB-5 Program and its benefit to local economies and U.S. workers. She has supported the EB-5 program for many years and continues to support positive modernization efforts of the program.

Contact David Hirson & Partners, LLP for more information about U.S. immigration reform and the EB-5 Immigrant Investor Program.

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Questions we're asking about EB-5 right now

EB-5 Legislative Update: Mid-September

This post addresses 3 ideas that are currently being discussed in the EB-5 world:

  • Will President Trump do something to “save” the EB-5 program?
  • Will the new EB-5 regulations be repealed by Congress?
  • Will Congress finally enact new EB-5 legislation?

These are all good questions to consider, but the simple answer to all of them is: No. Let’s take a look at each question in a little more detail:

1. Will President Trump do something to “save” the EB-5 program?

Many people look at Trump’s interests and track record with real estate development and believe that he understands and supports real estate deals across the U.S. Trump is not in a position to “save” the EB-5 program as President. Not even his use of executive orders can change the Administrative Procedure Act (APA). The APA is the government’s rules on how to change its own rules. The APA is a set process that takes time in order for any change to be made.

2. Will the new EB-5 regulations be repealed by Congress?

Senator Rand Paul from Kentucky has been trying to get Congress to use the Congressional Review Act (CRA) to overturn or stop the new EB-5 regulations. While there have been many attempts to use the CRA since 1996, there have only been 3 times when the CRA was successfully used to overturn new government regulations. 3 CRA overturns in 23 years is not a very high percentage of overturns.

3. Will Congress finally enact new EB-5 legislation?

While the EB-5 industry continues its efforts to lobby Congress for new EB-5 legislation, there is no real result in sight yet from these efforts. Everyone can see how divided the U.S. Congress is, especially when it comes to immigration issues, including EB-5. With no consensus in Congress, there can be no legislative changes for the EB-5 program either.

The conclusion from all of this is:

  • Be prepared for a Continuing Resolution (CR) to most likely be passed by Congress which allows the EB-5 Regional Center Program to continue unchanged from September 30, 2019 to November 21, 2019; and
  • Be prepared for Congress to pass another CR in order for the EB-5 Regional Center program to continue after November 21, 2019.
    • Note: Direct EB-5 investments and petitions can continue without needing any CR from Congress. Direct EB-5 investments will have to follow the new EB-5 regulations after November 21, 2019 though.
  • Be prepared for the new EB-5 regulations which will come into effect on November 21, 2019.

Contact us with your questions and to speak with one of our immigration attorneys to discuss the best immigration pathway for you and your family.

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New Final Rule Enforcing Public Charge Inadmissibility Law

On August 12, 2019, the U.S. Citizenship and Immigration Service (USCIS) published the final rule on inadmissibility on public charge grounds that dramatically revises the definition of “public charge” and expands the types of public benefits that could render many foreign nationals ineligible to adjust their immigration status in the U.S.

The final rule goes into effect on October 15, 2019 and supersedes previous rules, although applications and petitions already filed with USCIS before this date will not be subject to the new rule. USCIS’ stated goal in implementing this final rule is to better ensure “aliens within U.S. boundaries do not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, sponsors, and/or private organizations.” This is in line with President Trump’s goal of ensuring public benefits do not serve as an incentive for immigration to the United States.

This final rule:


The new regulation would not apply to:

In certain limited situations and circumstances, USCIS can choose to exercise its discretionary authority to allow an alien to post a public charge bond (minimum amount of $8,100). This is the exception and will vary from case to case based upon the alien’s circumstances.

While the final rule is set to go into place on October 15, 2019, over 60 lawsuits filed by several states attorney generals and advocacy groups call into question when and to what extent the rule will be implemented.

If you have more questions or concerns about this new rule, you should contact our office to schedule a consultation and in-depth review of your circumstances with one of our experienced and licensed immigration attorneys.

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EB-5 attorneys help family receive travel ban waivers and approval to enter the U.S.

David Hirson & Partners Guides Client Through Heightened Vetting Process to Receive Travel Ban Waiver

Earlier this summer, David Hirson & Partners, LLP (“DHP”) successfully helped an EB-5 investor client’s entire family of nine obtain travel ban waivers. These waivers were required in order for the family to be issued immigrant visas and enter the U.S.

Our client received approval of their EB-5 petition back in 2017 and attended their consular interview in Abu Dhabi in 2018. During their interview, the entire family was asked to complete Form DS-5535 (except the minor children under 14). This is an enhanced vetting form that requires the disclosure of the following for each applicant:

All: Past 15 years of: Past 5 years of:
Passport numbers & country of issuance Travel history Telephone numbers
Names birthdates of immediate family members Home addresses Social media usernames/handles
  Employment History Email addresses

After completing the requested forms, this family’s case remained “pending in administrative processing” for a few months, at which point DHP was retained to file a travel ban waiver packet for the family. Our firm compiled and filed the travel ban waiver packet based upon the family’s and investment’s given circumstances.

A travel ban waiver packet is evaluated based on three factors:

(1) entry is of national interest to US (here the EB-5 program);

(2) denying entry would cause undue hardship (here to the family, petitioner, and project); and

(3) entry would not pose a threat to national security or public safety.

Less than six months after DHP submitted the travel ban waiver packet, the consulate emailed the client for continued processing, asking for updated medical exams and passports, along with new DS-260 submissions. The applicants were also required to come to the embassy to retake the oath. The client and family members completed everything that was asked of them and they were all approved to enter the U.S.

All DHP attorneys and staff share a common goal of helping immigrants lawfully navigate the U.S. immigration system. Contact our office to schedule a consultation to see how we can help you and your family’s immigration dreams.

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