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August CLE schedule includes the EB-5 Conference

The August CLE schedule includes the EB-5 Conference, August 27 in Boston and 6 seminars.  Seminar topics include L-1A/L-1Bs; expedited removal/reinstatement of prior orders; H-1Bs; inspection cases; options for teachers; and ICE home raids, arrest, detention and removal.

EB-5 conference

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Get the EB-5

The price to participate in an EB-5 visa is increasing.

The EB-5 visa allows foreign nationals who make a significant investment in a U.S. company and help create jobs to immigrate to the United States. For the last 30 years, the amount of investment required was $500,000. On November 21, the amount required will be raised to $900,000. The program has been criticized by some for corruption and not actually creating jobs where they are needed. The new requirement will In addition to the increased financial requirement, the government will be conducting more oversight on EB-5 investment projects.

Learn more about the EB-5 Investment

The price to participate in an EB-5 visa is increasing.

The EB-5 visa allows foreign nationals who make a significant investment in a U.S. company and help create jobs to immigrate to the United States. For the last 30 years, the amount of investment required was $500,000. On November 21, the amount required was raised to $900,000. The program has been criticized by some for corruption and not actually creating jobs where they are needed. In addition to the increased financial requirement which aims to address these concerns, the government will be conducting more oversight on EB-5 investment projects.

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U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on November 21, 2019.
This final rule makes the following major revisions to the EB-5 program:
Increases the required minimum investment amounts;
Revises the standards for certain targeted employment area (TEA) designations;
Grants DHS authority to designate high unemployment TEAs;
Clarifies USCIS procedures for the removal of conditions on permanent residence; and
Provides priority date retention to certain EB-5 investors

USCIS Publishes Final Regulation Making Significant Changes to the EB-5 Immigrant Investor Program

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on November 21, 2019.
This final rule makes the following major revisions to the EB-5 program:
Increases the required minimum investment amounts;
Revises the standards for certain targeted employment area (TEA) designations;
Grants DHS authority to designate high unemployment TEAs;
Clarifies USCIS procedures for the removal of conditions on permanent residence; and
Provides priority date retention to certain EB-5 investors.

USCIS Class Action Member Identification Notice

USCIS announced that a class was certified in Zhang v. USCIS that includes any individual with a Form I-526 that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets. The notice includes details on how to contact USCIS to identify yourself if you believe you are a potential class member.

USCIS Updates Policy Manual Guidance on Geographic Area of a Regional Center

USCIS issued a Policy Alert updating guidance in its Policy Manual regarding a regional center’s geographic area, requests to expand it, and how such requests impact the filing of Forms I-526, Immigrant Petition by Alien Entrepreneur.

Visa Programs Extended Through December 9

USCIS announced that it has updated the information for the EB-5 Regional Center (EB-5) and EB-4 Non-Minister Special Immigrant Religious Worker (SR visa) programs in its Adjustment of Status Filing Charts for the October 2016 Visa Bulletin, after President Obama signed Public Law 114-223 on September 29, 2016. DOS also issued a cable on the extension of the EB-5, SR visa, and Conrad State 30 programs. Public Law 114-223 extended these three visa programs, as well as the E-Verify program, until December 9, 2016

EB-5 Program in question.

Forbes reports on the current state of the EB-5 investor immigrant program and reauthorization efforts, stating “it seems doubtful that anything more ambitious than a short-term extension of the existing EB-5 program will be passed before the September 30th expiration date. The only problem with a short-term extension is that it will place the fate of any renewal of the program right in the middle of the 2016 Congressional elections and the Presidential campaign.”

Changing Status of Filing an EB-5?

USCIS announced that on June 15, 2015, it stopped accepting electronically filed Forms I-539, Application to Extend/Change Nonimmigrant Status, and Forms I-526, Immigrant Petition by Alien Entrepreneur. Paper versions of the forms must be used while USCIS updates the online filing system. USCIS also discontinued the EB-5 Regional Center Document Library. USCIS stated that pending or draft cases that were created prior to June 15, 2015, will not be adversely affected, and individuals will have 30 days to complete and submit draft cases.

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