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News
I-526E Are Being Adjudicated in less than 1 year
Several EB-5 immigration firms have announced I-526E approvals by the U.S. Citizenship and Immigration Services (USCIS). The USCIS has been granting approvals of Form I-526E under a rural EB-5 project of the EB-5 Reform and Integrity Act of 2022 in a timeframe of less than a year. The news demonstrates the benefits of investing in reserved EB-5 projects, as well as expedited processing and set-aside visas.
USCIS INCREASES FILING FEES FOR EB-5 INVESTORS
The U.S. Citizenship and Immigration Services (USCIS) announced it is adjusting immigration and naturalization benefit request fees as part of a comprehensive fee review at the agency. The USCIS says the fee increase will allow the agency to help recover operating costs, reestablish and continue timely case processing and prevent future case backlog.
The EB-5 Reform and Integrity Act of 2022 No Longer Allows "Pooled Direct" EB-5 programs
During the recent eight-month sunset of the Regional Center program (June 30, 2021, to March 15, 2022) which prohibited any new RC-based I-526 Petitions, some business promoters heavily marketed “Pooled Direct” investments as a currently available alternative EB-5 opportunity that could be filed with USCIS for $500,000. They would subscribe many EB-5 investors to a single New Commercial Enterprise and aggregate their capital to fund a new business venture, much like RC-based arrangements.
December’s Visa Bulletin is Current for Chinese Nationals who filed a direct investment EB-5 petition
The US Department of State published the December 2021 Visa Bulletin revealing some significant announcements. The non-regional center program will be current for all countries, Mainland China included. The EB-5 cut-off dates for Regional Center visa applicants is unchanged due to the lapse of the Regional Center Program.
This is the first time since the Spring of 2015, there will be no backlog in the EB-5 investor category for people born in Mainland China.”
Court affirms the Department of State’s Policy to count dependents toward EB-5 visa cap
The U.S. Court of Appeals for the District of Columbia Circuit has ruled that family members count toward a cap on visas. The ruling found that spouses and children of EB-5 investors must be included in the tally with the annua; 10,000 visas in the EB-5 program.
BREAKING NEWS: 9TH CIRCUIT FEDERAL COURT INVALIDATES ORDER INCREASING THE MINIMUM TEA INVESTMENT TO $900,000
On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California (the “Court”) issued an order granting summary judgment in Plaintiff’s favor in the matter of Behring Regional Center LLC V. Chad Wolf, et al.
USCIS publishes Clarifications for the guidance on further deployment of capital for EB-5 Investors’ visas
USCIS issued clarifying policy guidance regarding deployment of investment capital, including further deployment after the job creation is satisfied.
The Immigration and Nationality Act (INA) makes visas available to qualified aliens who will contribute to the economic growth of the United States by investing in U.S. businesses and creating jobs for U.S. workers. An alien investor must sustain his or her investment “at risk” throughout the 2- year period of conditional permanent residence to be eligible for removal of conditions on his or her permanent resident status.
U.S. TRAVEL BANS IMPACT CHINA & SIX OTHER COUNTRIES
On January 31, the Trump administration announced the following sweeping new travel restrictions:
Responding to the Coronavirus Situation, United States Restricts Travel From China
U.S. Health and Human Services Secretary Azar announced a ban on foreign nationals traveling from China and quarantines for U.S. citizens coming from China. The restrictions went into effect at 5:00 p.m. (EST) on Sunday, February 2.
USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory
U.S. Citizenship and Immigration Services today announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.
This new operational approach aligns with other visa-availability agency adjudications processes, is more consistent with congressional intent for the EB-5 Immigrant Investor Program, and increases fairness in the administration of the program.