Age Determination For Children Of Alien Investors
Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) was amended by the EB-5 Reform and Integrity Act of 2022 (“RIA”) to clarify how in some instances the age of children of investors is determined during participation in the EB-5 program. Under the RIA and the amendment to Section 203(h)(5), an investor’s “child” […]
Affiliated Job-Creating Entity, Job-Creating Entity And New Commercial Enterprise In The RIA
A number of key terms are defined EB-5 Reform and Integrity Act of 2022 (“RIA”). Herein we explain the terms “Affiliated Job-Creating Entity,” “Job-Creating Entity,” and “New Commercial Enterprise.” Understanding these definitions is essential for both investors and businesses involved in the EB-5 program. 1. New Commercial Enterprise A New Commercial Enterprise refers to a […]
Affiliated Job-Creating Entity From The RIA
The term “affiliated job-creating entity” is an important term of the EB-5 Reform and Integrity Act of 2022 (“RIA”). Under the EB-5 Immigrant Investor Program, foreign investors who participate make an investment in a new business that employs U.S. workers and can obtain lawful permanent residence in the United States. A company that is owned, […]
Infrastructure Project, Rural Area, And Targeted Employment Area In The RIA
In the EB-5 Reform and Integrity Act of 2022 (“RIA”), three important terms are Infrastructure Project, Rural Area, and Targeted Employment Area (“TEA”). Here’s a clear explanation of each: Infrastructure Project An infrastructure project refers to a capital investment project administered by a governmental entity, such as a federal, state, or local agency. It typically […]
Rural Area In The RIA
In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the term “rural area” is used to identify locations that are eligible for the lower investment threshold of US$800,000 rather than the base investment amount of US$1,050,000. It is designed to promote investment in infrastructure, development, and economic growth in less populated areas According to […]
What Is Capital In The RIA?
In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the definition of “Capital” as an investment for EB-5 has been updated. Capital includes cash, as well as any real, personal, or mixed tangible assets that are owned and controlled by the investor and which are invested in, or contributed into, the business. Capital can […]
Reauthorization and Stability From The RIA
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. Congress in 1990. It allows […]
Increased Investment Amounts Of The RIA
The Increased Investment Amounts section of the EB-5 Reform and Integrity Act of 2022 (“RIA”) raises the minimum investment thresholds to adjust for inflation and ensure the continued effectiveness of the program in promoting economic growth and job creation in the United States. Under the updated rules, the standard investment amount required for the EB-5 […]
What Is The EB-5 Reform And Integrity Act of 2022?
The EB-5 Reform and Integrity Act of 2022 (“RIA”) made significant changes to the U.S. EB-5 Immigrant Investor Program. This program enables international investors and their immediate family members to apply for U.S. Permanent Residency and obtain “green cards” by making a significant investment in a U.S. company and creating jobs for U.S. workers. The […]
USCIS Clarifies Sustainment Period Policy from the EB-5 Reform and Integrity Act of 2022
On October 12, 2023, the United States Citizenship and Immigration Services (“USCIS”) posted Questions and Answers to announce new policy following the passing of the EB-5 Reform and Integrity Act of 2022 (“RIA”) on March 15, 2022. With the Q&A, USCIS announces its interpretation of the sustainment period following the passing of the RIA. Under […]