The EB-5 immigrant investor regulations allow an investor to make a partial investment at the time of filing the Form I-526 and Form I-526E, Immigrant Petition by an Investor and to make the remaining investment at a later date. This is confirmed by the United States Citizenship and Immigration Services
The U.S. Citizenship and Immigration Services (“USCIS”) is extending certain COVID-19-related flexibilities through January 24, 2023. The flexibilities, which have been extended multiple times, the latest in March 2022 and again in October 2022 are to assist applicants, petitioners, and requestors have more time to reply to various USCIS requests.
On October 6th and 7th, 2022, the United States Citizenship and Immigration Services (“USCIS”) approved two more Form I-829, Petitions by Entrepreneur to Remove Conditions on Permanent Resident Status (“I-829 Petition”) because of filings in Federal Court seeking Writs of Mandamus. The approvals came less than 2 months after filing
The U.S. Citizenship and Immigration Services (“USCIS”) has announced its final rule for the public charge ground of inadmissibility to go into effect on December 23, 2022. USCIS will begin to apply the new rule to applications postmarked on or after that date. Until then, USCIS will continue to apply
The United States Citizenship and Immigration Services (“USCIS”) announced it will automatically extend Lawful Permanent Resident (“LPR”) Form I-551 “Green Cards” from 12 months to 24 months to an LPR who files a Form I-90, Application to Replace Permanent Resident Card (“Form I-90.”). Form I-90 is used for many purposes
The U.S. Department of State (“DOS”) has published the October 2022 Visa Bulletin and the “Final Action Date” Priority Dates for Chinese and Indian EB-5 investors under the “5th Unreserved” visa category has retrogressed (moved backward in time). What is the Priority Date? Following the return of the Regional Center
For most people who are immigrating to the United States there two main categories of immigrant visas: family immigration visas and employment and investment immigration visas. These are the Immediate Relative (“IR”) category, the Family-Based Preference (“FB”) category and Employment-Based Preference (“EB”) category. For the FB and EB categories, there
Beginning October 3, 2022, all Vietnamese immigrant and nonimmigrant visa applicants whose passports were issued starting July 1, 2022 must include a Vietnam government endorsement page that states the place of birth. Visa applicants who do not have an endorsement page will not be permitted to attend their visa interviews
September 8, 2022 began a new era for Enterline and Partners in the EB-5 immigrant Investor Program as Managing Partner David Enterline filed a Form I-526E “Immigrant Petition by Regional Center Investor” for an EB-5 immigrant investor seeking lawful permanent residence under the EB-5 immigrant visa category. The investor, a
On August 25, 2022 a settlement was reached in two cases between multiple plaintiffs against the United States Citizenship and Immigration Services (“USCIS”) that re-authorized previously approved regional centers which USCIS had deauthorized following the enactment of the EB-5 Reform and Integrity Act in March 2022. The settlement agrees to
The U.S. Department of State (“DOS”) March visa bulletin is out and in a big surprise, the Final Action Date priority date [link to article] for Chinese EB-5 investors leaped forward by 5 months, from December 1, 2014 in February to May 15, 2015. We are looking forward to reading
Ryan Barshop and David Enterline of Enterline and Partners will speak at the American Immigration Lawyers Association (“AILA”), Bangkok District Chapter (“BDC”), “8th Annual Consular Processing Conference” in Taipei, Taiwan. AILA is an international organization of more than 15,000 attorneys and law professors who practice and teach immigration law. Ryan
U.S. Citizenship and Immigration Services (“USCIS”) released an updated policy memorandum advising the Department of States (“DOS”) on adjudicating Form I-130 Petitions for Alien Relatives at U.S. Embassies and Consulates through Direct Consular Filing (“DCF.”) The policy memorandum clarifies that USCIS will no longer accept and adjudicate routine I-130 Petitions
The investment capital that an EB-5 Investor may use for his or her investment, called the “lawful source of funds” (“SOF”), can come from any source as long as the investor can prove that the capital or funds were obtained lawfully. Some common SOF are salary and bonus income, dividends
U.S. Citizenship and Immigration Services (“USCIS”) announced it is changing the way it will process Form I-526, Immigrant Petition by Alien Investor, moving from a first-in, first-out basis to a visa availability approach. The Form I-526 Petition is filed by someone wanting to immigrate to the U.S. via the EB-5
The U.S. Supreme Court has ruled in favor of a Trump Administration policy expanding the government’s ability to refuse immigrant visas and issue green cards to immigrants who are likely to become a Public Charge. The 5-4 ruling, which was divided on ideologically lines, will allow the new rule to
United States Citizenship and Immigration Services (“USCIS”) has proposed to increase its filing fees for family-based immigrant visas and naturalization applications in 2020. Below are examples of the proposed fee increases. Spouse and Family-Based Immigrant Visas: Filing fees are scheduled to increase a nominal 3.74 percent from US$535 to US$550.
How long is the EB-5 visa processing time? Most of my clients ask me this question and there is a lot of confusion about the processing times visa waiting times. As a refresher, there is a 3-step process to obtaining lawful permanent residence in the U.S. via the EB-5 immigrant
Are you a person with exceptional ability in science, art or business? Then you may qualify to immigrate to the United States and pursue a career in your area of expertise via the Employment Based Second Preference visa category, or EB-2 visa. To qualify as a person of exceptional ability
David Enterline spoke at the Global Migration and Wealth Management, East Asia Conference in Hong Kong November 4th and 5th, 2019. David was the discussion leader on the panel Evaluating the US investment landscape and its appeal to Chinese investors which focused on issues relevant to Chinese investors seeking to
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