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
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
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
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
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
The EB 5 Industry has the potential and cash flow to bring great success to many sectors of the US economy. Historically, the industry has primarily focused on entertainment venues, identified by Reid Thomas, but the industry is experiencing a dramatic disbursement into other areas of the EB-5 Industry. As a result, EB 5 investment programs will have an additional need for experienced EB 5 lawyers in Los Angeles and other areas of economic development. Read more
In February of 2015, US Citizenship and Immigration Services (USCIS) announced that they have developed and released a new and updated Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Although it can seem counter-productive to give up the green card status, there may be situations in which it will be the best option for some people, depending on their individual circumstances. Read more
According to the United States Government Accountability Office, an economically distressed area is one with a poverty rate of at least 20 percent, coupled with an unemployment rate that is at least 1.5 times larger than the current national unemployment rate. Since the economic downturn that began with the collapse of the housing market in 2007 and 2008, an unfortunately large number of areas across the country can now qualify as economically distressed areas. Read more
Maneuvering through the immigration process and obtaining a green card can be confusing. There are several ways, however, to legally obtain a green card that many people may not know about. A hospital in Arizona is taking advantage of what is called the EB-5 program to not only provide a pathway for foreign investors to get a green card, but also to bring in much needed medical care for a local community.
As a result of the announced May 1, 2015 EB-5 China Cut-off, on April 22, 2015, , the Guangzhou consulate and the National Visa Center began sending out cancellation notices to immigrants who had been scheduled for EB-5 visa interviews. This is a new and unexpected development. The prevailing thought has always been that a visa number is assigned to an individual once the interview has been scheduled. This would allow Chinese national investors with both post May 1, 2013 priority dates, and interviews scheduled the opportunity to adjust status through the consular process regardless of the China cut-off. Unfortunately however, that practice is not being followed. Our office has received cancellation notices for investors under this exact scenario.
WHERE YOU CAN FIND US
Orange County Office
1122 Bristol Street
Costa Mesa, CA 92626
2033 6th Avenue, Suite #600
Seattle, WA 98121
Phone: +1 949.383.5369
David Hirson & Partners, LLP has over 30 years of experience in corporate, business & investment immigration law. Our business immigration practice provides a full range of services, including a nationally recognized EB-5 investment immigration practice.