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  • Will the new EB-5 regulations be repealed by Congress?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 Will the new EB-5 regulations be repealed by Congress?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

Tel: +1-949-383-5358                            Web: www.Hirson.com                                          Email: info@hirson.com

airport

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 Recognized as a Top Law Firm in Orange County Business Journal’s Special Report: Law Firms

In the March 20, 2017 issue of the Orange County Business Journal, David Hirson & Partners, LLP was recognized as a top law firm in all of Orange County, California. After less than three years in operation, this Business & Investment Immigration Law Firm is ranked #83 of law firms in the county.

eb-5 Read more

Huge Increase In EB-5 Visa Applicants

Eb5 immigration applications show a 113% increase in 2015.

As reported by the USCIS, the number of applicants for the EB-5 visa increased to 17,791 in 2015, up from 11,744 in 2014. This amounts to an 113% rise in applications filed. This increase in applications is primarily due to worries that key aspects of the program may not be renewed by the US government in the future.

Around 21,998 applications were still pending at the end of 2015, and currently, there is a 5-year backlog for Chinese mainland born investors looking to obtain a green card through the EB-5 program for themselves and their family members. Read more

USCIS Proposes Rule to Welcome International Entrepreneurs

DHS allowing foreign entrepreneurs to come to the U.S.

On August 26th, 2016, the Department of Homeland Security (DHS) announced a proposal to introduce a creative new way for foreign entrepreneurs to come to the United States to grow businesses and create jobs.

The proposal, which has been under discussion for quite some time, proposes the implementation of a new discretionary parole authority to allow foreign entrepreneurs to enter the United States to develop new business enterprises. Note that this is neither the same as the EB-5 Investor Visa program which can lead to lawful permanent residence in the US nor the E2 program which respectively lead to lawful permanent residence in the US which is the grant of a renewable investment based nonimmigrant visa. Read more

How The EB-5 Visa Program Along with Acquiring a Green Card Benefits You

An EB-5 Visa gives the same green card as other qualifying forms, permitting the investor and his or her close family to reside, study, and work anyplace in the United States.

EB-5 Lawyer talks about the benefits of the EB-5 Visa Program.

The Top Striving EB-5 Investor Markets

The EB-5 program is maintaining its development as the direction of immigrant investor markets continues to fuel growth in both established and newly emergent markets separated by Continent and Region.

The Top Striving Investor Markets by Continent and Region

 

 

 

 

Consider These Tips When Collecting Evidence for an EB-5 Application

businessimmigrationattorneyapplication

In order to be eligible for an EB-5 immigrant visa through the USCIS for the purpose of business immigration, you are required to invest in a new commercial enterprise or in a regional center project that has or will create at least 10 full-time U.S. jobs. Read more

A Qualified EB-5 Attorney Can Help Mitigate Securities Law Risks

Contract signing

The government is getting tough on alleged fraud in the EB-5 Immigrant Investor Program. In recent months, the U.S. Securities and Exchange Commission has initiated legal action against both individuals and companies for the ways in which they have solicited foreign investors under the program. Observers expect the SEC to continue ramping up its prosecution efforts against broker dealers, issuers and regional centers exhibiting questionable behavior in EB-5 matters. Read more

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

visa application

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