EB-5 Legislative Update Could Shrink Construction Finance Availability

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Proposed changes to the EB-5 Immigrant Investor Program could create funding shortfalls in the commercial real estate finance market. An EB-5 legislative update currently moving through Congress would reauthorize the program, which expires September 30, 2015. Read more

EB-5 Attorney Can Solidify Chances of Outside Business Investment

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The EB-5 visa program allows foreign nationals who invest money in businesses in the United States to get a green card. These investments must create or preserve at least 10 jobs in a United States business for U.S. workers. Workers and businesses in the United States should find the EB-5 as a boon for regional economic stability and growth. The United States business receiving this investment does not have to put any money on the line, and they gain an infusion of capital, a stabilization of their work force, and hopefully growth. Read more

Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

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Many individuals without lawful status face the dilemma of remaining in the United States without immigration status or leaving the U.S. to seek a waiver of inadmissibility and incurring a 3 or 10 year bar from reentry if that waiver is not granted. New proposed USCIS regulations seek to ease this dilemma by expanding the class of individuals who are eligible for provisional or “in-country” waivers.  According to the USCIS, the public has 60 days from the date of publication of the notice to comment before a ruling takes place. Read more

US Immigration News: New Legislation and Changes Coming to the EB-5 Immigrant Investor Program

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What is the EB 5 Program?

The EB 5 Visa was designed for individuals who invest in the US economy by creating jobs for a minimum number of employees, to receive a green card. The EB-5 program, also referred to as the Immigrant Investor Program, is set to sunset on September of 2015. The new bi-partisan imitative led by Senators Patrick and Leahy and Charles Grassley, aims to extend the bill, but does call for some significant changes to the program’s existing guidelines. Read more

Hot Topics in U.S. EB-5 Retrogression and Investor Immigration

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Current trending areas that are of note in the U.S. EB-5 investor immigrant program are Chinese retrogression and a crackdown on lawyers accepting commissions from regional centers. Forbes goes into details about the events impacting these hot topics. Read more

Exploring EB-5 Direct investment in Today’s Market

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For too long there has been a prevalent myth surrounding the EB-5 visa. This myth states that single investors or operators whom are looking to start a U.S. business and subsequently earn their green card are likely to take direct investment projects. The myth goes on to extrapolate that larger multi-investor projects, which incorporate the “loan model” are favored by regional centers. While there are grains of truth to this myth, the reality is that there is noting in any of the regulations that would prevent direct investment projects from leveraging multiple investors rather than the previous assumption that only single investors or operators could be on these projects. Read more

H1-B Visa Lottery Applicants up 35% for 2016 Fiscal Year

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This spring, the U.S. Citizenship and Immigration Services (USCIS) announced the completion of the yearly lottery selection for H-1B non-immigration visa applicants.  This year’s field was comprised of over 230,000 petitions vying for the 65,000 general category visas and/or 20,000 visas reserved for individuals holding a Masters degree or higher.  This figure, for the fiscal year that begins in October 2105, represents a large jump of 35 percent over the number of petitions filed last year and means that only 1 in 3 petitions were selected for adjudicated  this fiscal year. An immigration attorney can clarify any additional questions you may have regarding H-1B visas and the annual cap on H-1B visas.   Read more

Department of Homeland Security’s Deputy Secretary Denies Political Favoritism

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ABC News reports that Alejandro Mayorkas denies practicing political favoritism. He is currently the Deputy Secretary of the Department of Homeland Security. Even so, Mayorkas needed to defend himself to congress against accusations of political favoritism. Mayorkas is the former director of the controversial United States immigration program EB-5. Employees of the EB-5 program contacted the Inspector General, accusing Mayorkas of favoritism. Read more

Will the USCIS Temporary Hold Affect Your H-1B Visa Application?

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Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will place a temporary hold on premium processing for H-1B visa applications. According to USCIS, the hold will last until July 27, 2015 and applies to the Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. Below are answers to questions you may have regarding the hold. Read more

A New L-1B Guidance Memorandum is Reaching the Implementation Phase

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The new policy memo concerning the L-1B visa category represents welcome changes. Yet the true challenge lies in the actual implementation processes. The category’s guidance is open for comment through May and it will go into effect toward the end of August, 2015. Read more