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EB-5 investor visa updates coming in November

EB-5投资移民项目新法案将于2019年11月21日生效

Original English version

美国公民及移民服务局(USCIS)宣布新的EB-5投资移民法案将在2019年7月24日正式公布,并于2019年11月21日开始生效。这是自1990年美国国会创立此法案以来的第一次重大变革。我们公司将会尽快提供更多该法案的细节,但新政策主要包括:

  1. 新投资额:最低投资额为1,800,000美金。位于目标就业地区(TEAs)的项目最低投资额为900,000美金。但是目标就业地区认定过程的可能使该目标区域的大多数项目难以获得TEA认证。
  2. 更新的目标就业地区(TEAs)认定:目标就业地区(TEA)的认定将由美国公民及移民服务局(USCIS)决定,并且由于对连续人口普查的聚集和合并区域的限制,可能认定范围将会越来越窄。如果投资项目仅限于单个或者“直接相邻”人口普查区域,则可能导致大多数项目的投资额达到1,800,000美金。
  3. 优先日期保留的新规定: 如果投资申请人以后必须提交新的I-526申请,他们将能够保留其先前被批准的I-526申请的优先日期。这种灵活性可以保护投资人已经获得了1-526申请的批准,但是由于他们无法控制的情况(例如区域中心终止)可能会使其资格收到损害的情况。这种灵活性还允许在提交投资计划中的一些创意的转换,而不会危及到优先日期。不会将主申请人或投资人的优先日期赠送或者转移给衍生受益人。
  4. I-829灵活性: 如果投资人自己的I-829申请中没有包含其衍生家庭成员,那么衍生家庭成员必须在I-829阶段提交他们自己的申请。

重要的是了解这项新法案将于2019年11月21日生效,即自联邦公报发布之日起的120天。根据现行的EB-5规定,在此之前 “适当提交请愿书” 将被裁定。(备注:请注意,鉴于法案生效前有120天的空档期, EB-5投资计划可能会被重新授权(在2019年9月30日之前),新的改革可能会是从美国公民及移民服务局通过一项新的重新授权的法规。

在新法案生效前,我们有120天的时间。我们专业的EB-5团队在过去两年的时间里已经递交了数千份EB-5投资申请,并与我们的合作伙伴/客户密切合作,在满足不同时限的要求下,成功地为他们提交了EB-5的申请。我们建议现有的合作伙伴和客户立即与我们联系,以确保在新法案于2019年11月21日生效之前正确的提交所有案例。

 

电话: +1-949-383-5358              电子邮件: info@hirson.com       网站: 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

eb-5 visa vs eb-2 visa

Why the EB-5 Visa is a Better Option than the E-2 Visa

An ever-growing number of foreign investors are establishing their livelihood and their lives in the U.S. by choosing to inject their capital into the U.S. economy. Many investors are choosing to apply for one of the EB-5 visa spots, while some are going a more temporary route using the E-2 visa. Our Los Angeles EB-5 lawyers understand that the significant differences between the two require taking a look at the pros and cons of each for every prospective applicant. However, while the E-2 visa has many attractive attributes, including a significantly lower capital investment requirement, the EB-5 is a better and broader alternative for those looking to resettle in the U.S. Here are three important differences between the two types that showcase reasons why the EB-5 visa is the superior route.

 

The EB-5 Visa Allows You to Bring Family Members

 

The EB-5 visa can allow your immediate family members to come to the U.S. with you. This includes spouse and children only, but it is a significant advantage in the world of visas. The E-2 visa is only for the investor himself or herself and does not facilitate the entry of family members.

 

The EB-5 Visa is Open to a Broader Range of Countries

 

EB-5 visa holders come from a broader range of countries because this type of visa has fewer limitations on country of origin. E-2 visa holders must come from a treaty investor country, i.e., a country that is a party to the Treaty of Commerce and Navigation. For many prospective visa applicants, this restriction bars them from applying for an E-2 visa altogether, but does not bar them from applying for an EB-5 Visa.

 

The EB-5 Visa Paves the Way for a Permanent Resident Card (Green Card)

 

The EB-5 visa is an immigrant visa, which can lead to a green card and permanent resident status for its holder. An E-2 visa is a non-immigrant visa, which can be renewed without limit but cannot lead to obtaining permanent residency in the U.S. This immigration intent is one of the reasons for the higher investment requirement of an EB-5 visa, which in most instances is $1,000,000 but in certain cases can be as low as $500,000. While an E-2 requires an initial investment of only $100,000, the applicant must show “non-immigrant intent” when applying with the United States Citizenship and Immigration Services (USCIS). Therefore, for those applicants seeking a way to permanently establish themselves in the U.S., the EB-5 visa is the obvious choice.

 

If you are considering the EB-5 visa or have further questions about the differences between the EB-5 and E-2 visas, contact David Hirson & Partners, LLP today.

 

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

The History of the EB-5 Visa Program [Infographic]

Modeled after other countries’ investor visa programs, the U.S. Congress established the EB-5 Immigrant Investor Program in 1990. This program creates jobs for U.S. workers by using investment funds from foreign nationals.

Here is more information about the program as well as a timeline of significant events. Please contact our experienced team of EB-5 attorneys to find out more.

Revised on 5/3/2019.

EB-5 Program

The EB-5 Visa Program Extended Until April 2017

On December 6, 2016, the U.S. Congress introduced a bill that reauthorized the EB-5 Regional Center Program through April 28, 2017.

The EB-5 Regional Center program, as part of the EB-5 Immigrant Investor Program, allows U.S. business entities to create investment opportunities for foreign investors to invest in and create jobs in the United States and thereby qualify for greens cards to live and work in the U.S. Read more

EB-5 Visa Expected to Thrive Under Trump [Infographic]

EB-5-Visa-Expected-to-Thrive-Under-Trump

EB-5 Visa expected to thrive under trump

In December 2016, Congress announced that the EB-5 Regional Center Program will be extended until April 28, 2017 during the new presidential administration’s transition into office. Though no changes were made to the program, experts everywhere are predicting that the program will thrive under the Trump administration. Historical facts, stated political positions and Trump’s Bay Street Project benefited by the EB-5 Visa program can be considered in order for one to gain a clearer picture of what the future might be, in hopes that the EB-5 Regional Center Program will be renewed once again (or even made permanent). Read more

Invest In America The Hitsory Of EB5 Visa

The History of the U.S. Investment Visa

The US Congress’ Immigration Act of 1990 (IMMACT 90) established the EB-5 Immigrant Investor Program to stimulate the U.S. economy through foreign investment and create jobs.

This act dramatically reformed the U.S. immigration system and amongst other things, instituted changes to non-immigrant visa classes, the rules governing deportation, and raised the limits on legal immigration.

EB-5 Reforms of the 1990s

The Immigrant Investor Program was founded as a pilot program in 1990 and is administered by the United States Citizenship and Immigration Service (USCIS). The program permits foreign investors to invest funds in the United States in order to be granted greens cards for themselves and their families to live and work in the US. At least 10 full time and paid jobs must be created for each investor. Read more

Donald Trump Presidency And The Future of EB5 Visas

EB-5 Visas Expected to Reach New Heights Under The Trump Administration

Recently, there has been a great deal of discussion on the fate of the EB-5 visa program and what sort of impact the US presidential election and its surprise result will have on immigration laws in general in the US.

The Eb-5 visa program, also referred to as the Immigrant Investor Program, grants visas to foreign investors who invest at least $500, 000 into a U.S. project that will create a minimum of 10 jobs for US workers.

Some Changes Expected, But The EB 5 Program To Continue

As most people who followed the presidential debates are aware, Donald Trump was very much anti-trade, anti-Trans-Pacific Partnership (TPP), anti-North American Free Trade Agreement (NAFTA), and against the ability of other countries to manufacture and ship product to the United States in a way that undercuts American companies that produce the same goods. Read more

American Investors What You Need To Know About EB5 Investments

What Every EB-5 Investor Needs to Know When Selecting an EB-5 Investment

All investments come with a certain amount of risk, and this is no different for the investments made through the EB-5 program, where in fact the law mandates on at risk equity investment.

As it related to an EB-5 investor, risk is defined as the financial position into which the investor will place himself or herself in an attempt to obtain US residency by investing into an approved EB-5 project of any nature.

Risk may be inherent in any aspect the investment, for example:

  • The type of investment
  • The location of the project
  • The capital structure
  • The history of the Regional Center and any minor projects
  • The integrity of the people behind the Regional Center or the project

Every EB-5 investor must investigate and know his or her own level of tolerance and choose an investment project accordingly. Read more

“The Evolving Role of EB-5 Counsel” Considerations for Multi-Party Representation in EB-5 Deals

Navigating a Changing EB-5 Sector

As the EB-5 market continues to mature, so will the quality and sophistication of the players and projects in this industry. As clients evolve, so must attorneys. Gone are the days when an EB-5 firm could focus on only one area (such as filing I-526 petitions). Clients will often expect their EB-5 counsel to guide them through the entire life cycle of an EB-5 deal. Counsel’s role and guidance may be drastically different depending on the client being represented in an EB-5 transaction. Read more