The Reauthorization and Stability section of the EB-5 Reform and Integrity Act of 2022 (“RIA”) focuses on the continuation and enhancement of the EB-5 Regional Center Program, which had previously lapsed in 2021. The Regional Center Program is a part of the EB-5 Immigrant Investor Program passed by the U.S.
In family-based immigration cases, a central component of this process is the Form I-864, Affidavit of Support (“I-864”). This legally binding contract is required to demonstrate that the intending immigrant (the “Beneficiary”) has adequate financial support from the sponsoring family member (the “Sponsor”) through income and/or assets, and therefore the
The United States continues to be a top destination for individuals seeking world-class healthcare, top-tier education, and a stable environment for business and investment. For many individuals and families, investment-based immigration offers a convenient opportunity to secure lawful permanent residency in the United States. Among the various investment-based immigration options,
When people think of U.S. immigration, the first thing that comes to mind oftentimes is Lawful Permanent Residence (“Green Card.”) However, the journey to permanent residency is not a one-size-fits-all road. The Green Card system can be divided into several visa categories, each with its own purpose, requirements, and process.
Following the United States Department of State (“DOS”) updated policy requiring immigrant visa applicants to apply for their immigrant visas at Consulates in their place of residence or country of nationality, DOS now also requires nonimmigrant visa applicants to apply in their country of residence or nationality. According to DOS,
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 U.S. Department of State (“DOS”) which oversees the visa adjudication process at U.S. Embassies and Consulates has not released any formal statement indicating that the 2019 Novel Coronavirus has resulted in the suspension of consular operations. A recent social media posting purported to be an official statement from the
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
The United States Department of State (“DOS”) is scheduled to release new guidelines giving consular officers further discretion to determine whether women who are applying for a B-1/ B-2 visitor visa primary purpose is to give birth in the United States. It is unclear how consular officers at U.S. Embassies
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