EB-5 Daily

31/05/2022

National trade association for the EB-5 Regional Center industry, IIUSA, has filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS) challenging the agency’s decision regarding regional center re-designation. IIUSA is joined in the suit by five of its EB-5 regional center members, CanAm Enterprises, Civitas Capital Group, EB5 Capital, Golden Gate Global, and Pine State Regional Center. . ....

https://www.eb5daily.com/2022/05/iiusa-files-lawsuit-challenging-regional-center-re-designation-policy/

11/05/2022

On April 29, USCIS hosted a listening session to inform EB-5 Stakeholders of changes to the regional center program and address their issues and concerns related to the EB-5 Reform and Integrity Act. Crucially USCIS clarified at this session that regional centers which existed prior to the program's lapse of authorization in June 2021 are no longer approved and designated as regional centers. . ....

https://www.eb5daily.com/2022/05/uscis-clarifies-stance-on-regional-center-re-designation/

On April 29, USCIS hosted a listening session to inform EB-5 Stakeholders of its position on regional center re-designation. . .

28/04/2022

What is Concurrent Filing? As per The EB-5 Reform and Integrity Act: “If the approval of a petition … would make a visa immediately available to the alien beneficiary, the alien beneficiary’s application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition.” More simply put. . ....

https://www.eb5daily.com/2022/04/eb-5-investors-can-now-file-forms-i-526-and-i-485-concurrently/

What is Concurrent Filing? As per The EB-5 Reform and Integrity Act: “If the approval of a petition … would make a visa immediately . . .

18/04/2022

The upcoming EB-5 Visa Bulletin for May 2022 has been released by the U.S. Department of State—Bureau of Consular Affairs; with some new changes in order to comply with the recent EB-5 Reform and Integrity Act. . ....

https://www.eb5daily.com/2022/04/may-eb-5-visa-bulletin-new-changes-for-visa-processing/

The upcoming EB-5 Visa Bulletin for May 2022 has been released by the U.S. Department of State—Bureau of Consular Affairs . . .

14/04/2022

On March 11, 2022, Congress passed the EB-5 Reform and Integrity Act of 2022 as part of the Consolidated Appropriations Act, reauthorizing the regional center program after it spent nearly a year in limbo. Although the EB-5 program has directly led to the investment of billions of dollars into the American economy and created thousands of jobs, last June Congress was unable to pass legislation extending the authorization of the regional center program and allowed it to lapse. However, the EB-5 Reform Act of 2022 is not a mere band-aid that simply extends authorization of the regional center program, it is a piece of legislation that will ensure the stability of EB-5 for years to come. Here’s a brief overview of the EB-5 Reform and Integrity Act’s positive impacts. . ....

https://www.eb5daily.com/2022/04/a-new-era-for-eb5/

On March 11, 2022, Congress passed the EB-5 Reform and Integrity Act of 2022 act, reauthorizing the regional center program after it spent . . .

11/03/2022

The EB-5 Regional Center Program expired in June 2021. Since then, the EB-5 Regional Center Program has been in purgatory, with applicants unsure of their status and rights. As of earlier this week, the United States House of Representatives and the U.S. Senate have passed an appropriations bill which includes 39-pages of text reauthorizing the EB-5 Regional Center Program, known as the "EB-5 Reform and Integrity Act of 2022."...

https://www.eb5daily.com/2022/03/eb-5-reform-and-integrity-act-of-2022-set-to-become-law/

The EB-5 Regional Center Program expired in June 2021. Since then, the EB-5 Regional Center Program has been in purgatory, with applicants unsure of their status and rights. As of earlier this week, the United States House of Representatives and the U.S. Senate have passed an appropriations bill whi...

21/10/2021

The upcoming EB-5 Visa Bulletin for November 2021 has been released by the U.S. Department of State—Bureau of Consular Affairs. . ....

https://www.eb5daily.com/2021/10/november-eb-5-visa-bulletin-released/

The upcoming EB-5 Visa Bulletin for November 2021 has been released by the U.S. Department of State—Bureau of Consular Affairs. . .

13/10/2021

In recent years, one of the biggest issues with the EB-5 program has been an ever increasing processing time for applicants petitions. USCIS has struggled to process petitions in a timely manner, and as a result, some EB-5 investors have been stuck waiting for their petitions to be processed for months or even years. Although USCIS has been working to improve processing times throughout the agency, such measures will take time to implement. Considering all this, it's hardly surprising that mandamus suits are becoming more popular among EB-5 applicants. . ....

https://www.eb5daily.com/2021/10/eb-5-mandamus-lawsuits-explained/

EB-5 Mandamus Lawsuits Explained : In recent years, one of the biggest issues with the EB-5 program has been an ever increasing processing. . .

21/09/2021

EB-5 investors have now spent months wondering when the EB-5 Regional Center Program will be reauthorized, and it appears that Congress may have an opportunity to act soon. Every year Congress needs to pass an appropriations bill setting the budget for the federal government. As the appropriations bill is a must-pass piece of legislation, Congress uses it as a vehicle to attach other pieces of legislation they want passed....

https://www.eb5daily.com/2021/09/congressional-appropriations-bill-creates-opportunity-for-eb-5-legislation/

EB-5 investors have now spent months wondering when the EB-5 Regional Center Program will be reauthorized, and it appears that Congress . . .

14/09/2021

Check the link in our bio to see the latest EB-5 visa bulletin.

13/09/2021

The upcoming EB-5 Visa Bulletin for October 2021 has been released by the U.S. Department of State—Bureau of Consular Affairs. FINAL ACTION DATES: Unfortunately, with the regional center program on hold, USCIS cannot issue EB-5 visas to petitions associated with a regional center. The final action dates of EB-5 petitions associated with regional centers are listed as “U” unauthorized for all countries....

https://www.eb5daily.com/2021/09/october-eb-5-visa-bulletin-released/

The upcoming EB-5 Visa Bulletin for October 2021 has been released by the U.S. Department of State—Bureau of Consular Affairs. . .

09/09/2021

Click the link in our Bio to learn why it’s essential for Congress to reauthorize the EB-5 Regional Center Program.
-5daily

08/09/2021

Since the expiration of The EB-5 Regional Center Program on June 30, 2021, investors have waited with anticipation for any news regarding the processing of their EB-5 applications. Unfortunately, this week, investors with approved I-526 petitions, who have been waiting patiently for their visas, received very problematic notices from the National Visa Center (NVC): Notably, the NVC has clearly stated, “[t]he National Visa Center (NVC) will not act on any new or pending EB-5 visa petitions as described above until further notice....

https://www.eb5daily.com/2021/09/congress-is-creating-an-economic-catastrophe-by-failing-to-take-action-on-eb-5/

Since the expiration of The EB-5 Regional Center Program on June 30, 2021, investors have waited with anticipation for any news regarding . . .

07/09/2021

Check the link in our bio to learn how loans can be used to fund your EB-5 investment. -5Daily

03/09/2021

For EB-5 investors everywhere, one of the most important decisions to make is choosing how to fund their EB-5 investment. Investors have a wide range of options available to them to fund their investment, including the use of loan proceeds. However, there are some considerations investors should be aware of before they begin the process, with that in mind here's our quick guide to using a loan to fund an EB-5 investment. ...

https://www.eb5daily.com/2021/09/can-eb-5-investment-funds-come-from-a-loan/

For EB-5 investors everywhere, one of the most important decisions to make is choosing how to fund their EB-5 investment. Investors have a . . .

01/09/2021

The CDC has announced that as of October 1, 2021, those applying for permanent residence in the US will be required to receive the COVID-19 vaccine. This news comes following the US Food and Drug Administration(“FDA”) granting full approval of the Pfizer/BioNTech COVID-19. While COVID-19 vaccines have been available for months, the Pfizer/BioNTech vaccine is the first to gain full FDA approval. ...

https://www.eb5daily.com/2021/09/cdc-to-require-covid-19-vaccination-for-eb-5-investors/

27/08/2021

USCIS has filed an appeal of the Court’s Ruling in the Behring Regional Center case. The Behring ruling, issued by Judge Jacqueline Scott Corley in June, struck down the 2019 EB-5 Modernization regulations. These 2019 regulations had raised investment requirements for EB-5 visas to a minimum of $900,000 for TEA (Targeted Employment Areas) investments and $1,800,000 for investments outside of a TEA....

https://www.eb5daily.com/2021/08/uscis-files-appeal-in-behring-regional-center-lawsuit/

USCIS has filed an appeal of the Court’s Ruling in the Behring Regional Center case. The Behring ruling, issued by Judge Jacqueline Scott . . .

25/08/2021

As you probably know already, the EB-5 regional center program is currently on hold until Congress acts to reauthorize the program. This came in the aftermath of Congress’ failure to pass the EB-5 Reform and Integrity Act sponsored by Senators Chuck Grassley (R-Iowa) and Patrick Leahy (D-Vermont). Behind the scenes Congress and the EB-5 industry were in talks to pass a reform and reauthorization package that all sides could agree on, and for a time it appeared that the Grassley/Leahy bill was the best chance for that to happen....

https://www.eb5daily.com/2021/08/what-should-eb-5-investors-expect-from-regional-center-reauthorization/

18/08/2021

The EB-5 program is without a doubt one of the best options available to foreign nationals with capital to invest and a desire for permanent residence in the United States. By investing in a new American business and creating American jobs, EB-5 investors earn green cards for themselves as well as their spouse and children under age 21. While this is certainly an exciting opportunity for many, there are some important factors every investor should consider....

https://www.eb5daily.com/2021/08/eb-5-factors-every-investor-should-consider/

The EB-5 program is without a doubt one of the best options available to foreign nationals with capital to invest and a desire for . . .

16/08/2021

The upcoming EB-5 Visa Bulletin for September 2021 has been released by the U.S. Department of State—Bureau of Consular Affairs. FINAL ACTION DATES: Unfortunately, with the regional center program on hold, USCIS cannot issue EB-5 visas to petitions associated with a regional center. The final action dates of EB-5 petitions associated with regional centers are listed as “U” unauthorized for all countries....

https://www.eb5daily.com/2021/08/september-eb-5-visa-bulletin-released/

The upcoming EB-5 Visa Bulletin for September 2021 has been released by the U.S. Department of State—Bureau of Consular Affairs.

06/08/2021

While the coronavirus pandemic has been an unprecedented disruption to people everywhere, one opportunity it may have created for potential EB-5 investors is the opportunity to invest in a struggling business. As we’ve discussed in the past, direct EB-5 investors start their own businesses in order to meet the qualifications for an EB-5 visa. However, direct investors also have the option to invest in a “troubled business” to qualify for an EB-5 visa....

https://www.eb5daily.com/2021/08/eb-5-investments-in-troubled-business/

While the coronavirus pandemic has been an unprecedented disruption to people everywhere, one opportunity it may have created for potential . . .

03/08/2021

After years of oversight by temporary acting directors, USCIS finally has a Senate Confirmed Director. President Biden’s pick to head the agency, Ur Jaddou, was confirmed in a 47-34 vote by the Senate on July 30. Jaddou will be the first woman to serve as Director of USCIS. In a statement released shortly after her confirmation, Homeland Security Secretary Alejandro Mayorkas…...

https://www.eb5daily.com/2021/08/ur-jaddou-confirmed-as-uscis-head/

After years of oversight by temporary acting directors, USCIS finally has a Senate Confirmed Director. President Biden’s pick to head the agency, Ur Jaddou, was confirmed in a 47-34 vote by the Senate on July 30.

29/07/2021

Although the regional center program is currently on hold, it's still possible to apply for an EB-5 visa, so long as it is a direct investment. With a recent court ruling lowering the capital required for an EB-5 visa some potential investors may be considering the direct investment route. However, while direct investment is certainly a tempting opportunity it isn't the right option for everyone....

https://www.eb5daily.com/2021/07/eb-5-direct-investment-is-it-right-for-you/

While the regional center program is currently on hold, it's still possible to apply for an EB-5 visa, so long as it is a direct investment..

15/07/2021

The upcoming EB-5 Visa Bulletin for August 2021 has been released by the U.S. Department of State—Bureau of Consular Affairs. FINAL ACTION DATES: Unfortunately, with the regional center program on hold, USCIS cannot issue EB-5 visas to petitions associated with a regional center. The final action dates of EB-5 petitions associated with regional centers are listed as “U” unauthorized for all countries....

https://www.eb5daily.com/2021/07/august-eb-5-visa-bulletin-released/

13/07/2021

With the EB-5 regional center program on hold, potential EB-5 investors are no doubt wondering what the next steps for them are. Perhaps you weren’t able to submit an application before the June 30, 2021 deadline, or never had time to properly prepare your petition. So what now? First and foremost, despite the lapse in the regional center program’s authorization, investors should absolutely not write off applying for an EB-5 visa....

https://www.eb5daily.com/2021/07/what-can-i-do-to-prepare-for-the-eb-5-regional-center-programs-reauthorization/

With the EB-5 regional center program on hold, potential EB-5 investors are no doubt wondering about regional center reauthorization. . .

10/07/2021

USCIS has released data on EB-5 processing for FY2021 Q2 (January to March 2021). While the EB-5 program may be temporarily on hold until congress acts to renew it, it's still worthwhile to examine the latest data on processing of investor’s petitions. I-526 Performance Form I-526, Immigrant Petition by Alien Investor, is the form all EB-5 investors initially submit when applying for an EB-5 visa....

https://www.eb5daily.com/2021/07/quarter-2-data-on-eb-5-processing-shows-improvements/

USCIS has released data on EB-5 processing for FY2021 Q2 (January to March 2021). While the EB-5 program may be temporarily on hold until . . .

06/07/2021

USCIS has issued guidance on the EB-5 regional center program’s lapse in authorization, which expired at midnight on June 30, 2021. USCIS guidance is as follows: “Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program at midnight on June 30, 2021. . . A lapse in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program....

https://www.eb5daily.com/2021/07/uscis-releases-guidance-for-eb-5-regional-center-program-lapse/

USCIS has issued guidance on the EB-5 regional center program’s lapse in authorization, which expired at midnight on June 30, 2021. USCIS . . .

29/06/2021

With the EB-5 Regional Center Program set to expire on June 30, investors will undoubtedly be anxious about the future of the program. Here's our quick overview of what investors can expect in the future. Reauthorization Unfortunately, it's unlikely that the regional center program will be reauthorized before June 30, 2021. While Senators Grassley and Leahy sought a unanimous consent vote on their EB-5 reform act, which would have reauthorized the EB-5 Regional Center Program through 2023, that effort was blocked by Senator Lindsey Graham....

https://www.eb5daily.com/2021/06/while-the-regional-center-program-may-expire-on-june-30-2021-the-future-of-eb-5-still-looks-bright/

With the EB-5 Regional Center Program set to expire on June 30, investors will undoubtedly be anxious about the future of the program. . .

25/06/2021

With the recent repeal of the 2019 EB-5 modernization regulations, minimum investment requirements have been dropped back down to $500,000. But how long will investors have to take advantage of this opportunity? Unfortunately, Investors may only have a small window to take advantage of the lower investment requirements. Currently the EB-5 program is set to expire on June 30 and legislative efforts to reauthorize have so far been stalled in Congress....

https://www.eb5daily.com/2021/06/lower-eb-5-investment-requirements-how-long-will-they-last/

With the recent repeal of the 2019 EB-5 modernization regulations, minimum investment requirements have been dropped back down to $500,000. . .

23/06/2021

In a June 22, 2021 ruling by Judge Jacqueline Corley of the Northern District Court of California, in the case Behring Regional Center, LLC v. Chad Wolf, the court vacated the November 2019 EB-5 Modernization Regulations which raised the minimum investment for EB-5 visas. Behring’s suit against the Department of Homeland Security (DHS), filed in December 2020, argued that then acting Secretary of DHS Chad Wolf did not have the authority to promulgate the EB-5 Modernization regulations, and that Wolf’s appointment (as well as that of his predecessor Kevin McAllen) as Acting Secretary of DHS was illegal....

https://www.eb5daily.com/2021/06/court-vacates-2019-eb-5-modernization-regulations-minimum-investment-lowered-to-500000/

In a June 22, 2021 ruling by Judge Jacqueline Corley of the Northern District Court of California, vacated EB-5 Modernization Regulations . .