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
As part of the GMWM East Asia event, organizers requested insight from its distinguished speakers on various Thought Leadership topics. The comments below were provided by David Enterline of Enterline and Partners. 1. In one sentence, how would you describe the state of the investment immigration industry today? The
As has become the norm, the U.S. Congress passed a short-term continuing resolution (“CR”) funding the U.S. federal government through December 20, 2019, while at the same time extending 29 other programs including the EB-5 Immigrant Investor Program. The President signed the CR shortly thereafter. Also known as the EB-5
On Thursday November 21, 2019, the “EB-5 Immigrant Investor Program Modernization Rule” went into effect 120 days after the final rule was published. The final rule makes regulatory changes to the EB-5 Regional Center Program as we have written previously (Regulation change to EB-5 will increase the minimum investment to
Ryan Barshop will be presenting on an American Immigration Lawyers Association audio seminar this Thursday, November 21. Mr. Barshop will be joined by two other expert panelists speaking about opportunities for U.S. naturalization while living abroad. As an immigration attorney based in South-east Asia, Mr. Barshop has nearly 10 years’
In June we wrote about the option of filing a Writ of Mandamus for EB-5 investors whose I-526 Petitions have been pending for a long time without a decision. In August 2020, Enterline and Partners assisted one of its clients to file a Writ of Mandamus for an EB-5 immigrant
Following the increase to the minimum investment in a targeted employment area, from US$500,000 to US$900,000 in November 2019 [see here, here and here], interest in the EB-5 immigrant investor visa significantly dropped in early 2020. Data from the United States Citizenship and Immigration Services (“USCIS”) on quarterly filings indicated
Starting in January 2021, the United States Citizenship and Immigration Services (“USCIS”) will replace the sticker that is currently issued to lawful permanent residents (“LPRs”) to extend the validity of their Form I-551, Permanent Resident Card (“Green Card”). The new document will be a revised Form I-797, Notice of Action
We have previously written about what lawful permanent residents can do if their Form I-551 “Green Card” has been lost, stolen, or destroyed and they are outside of the United States. In these articles, we have mentioned obtaining a travel letter or ‘Boarding Foil,” so they may return to the
United States President Donald Trump has extended an earlier Presidential Proclamation restricting certain immigrant and nonimmigrant visa categories from consular processing in response to the growing COVID-19 pandemic. The Executive Order (“EO”), which was first issued in April 2020, restricted certain immigrant visa applicants from receiving their visas for at
We have covered several issues in our series on how to protect your lawful permanent resident status and green card if you have been outside the United States and have been unable to return because of COVID-19. COVID-19 Reference Guide If you are able to reenter within 1 year of
An I-131A visa is for lawful permanent residents (“LPR”) whose Form I-551 “green card” was lost, stolen or destroyed while traveling outside the United States, or whose green card has expired, and who have been outside the U.S. for less than one year. Such LPRs can apply at a U.S.
The “Final Action Date” priority date for Vietnamese EB-5 investors moved forward slightly in the Department of State November 2020 visa bulletin from August 15, 2017 to September 1, 2017. The priority date indicates that any investors who filed their I-526 Petitions on or before September 1, 2017 now have
At a recent IIUSA EB-5 Forum, Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State (“DOS”) – the man who decides the DOS Visa Bulletin every month – responded to a question regarding visa allocation for persons from Hong Kong. The question
The United States Department of State (“DOS”) has announced that routine visa processing at Embassies and Consulates will resume on a post-by-post basis consistent with DOS’s guidance for safely returning to the full services. As on the ground conditions improve, DOS will begin providing services leading to the eventual full
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