EB-5 NEWSLETTERS
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–Annie, a Client in EB-5 Investment Immigration (2024)
–Ms. Liu, a Client in Real Estate (2023)
–Mr. Zhang, a client in China Practice (2023)
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EB-5 Newsletters
Major EB-5 Developments from April 2018 Onwards
June 2024 EB-5
- New EB-5 Data and Guidance
- Recent data from USCIS and the Department of State highlight new insights, including I-956 updates and I-829 Q&A sessions.
- I-526 and I-526E Filings Update
- Significant trends in demand for rural and high unemployment visas.
- USCIS published form receipt and processing data for FY2024 Q2 (January to March 2024) on the USCIS Immigration and Citizenship Data page.
April 2024 EB-5
- Will generally use Generally Accepted Government Auditing Standards, also known as the Yellow Book, when auditing EB-5 regional centers.
March 2024 EB-5
- Visa Bulletin Updates
- The U.S. Department of State released the April 2024 Visa Bulletin, which showed no advances in final action dates for the EB-5 category, indicating ongoing processing delays and backlog issues.
August 2023 EB-5
- USCIS Data Update
- Improvements in processing times for I-526 and I-829 petitions.
March 2023 EB-5
- Will collect an annual fee from each designated regional center to finance the EB-5 Integrity Fund.
January 2023 EB-5
- Implementation of New Rules
- Enhanced program integrity and streamlined processing.
- USCIS extended the validity of Permanent Resident Cards for petitioners who properly file Form I-751 or Form I-829 for 48 months beyond the card’s expiration date. Read more here: USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829.
October 2022 EB-5
- Backlogs and Processing Delays
- Ongoing issues with lengthy processing times and backlogs, particularly affecting investors from China and India.
September 2022
- USCIS will no longer accept a single, combined fee payment when an applicant or petitioner files Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor, together with Form I-485, Application to Register Permanent Residence or Adjust Status, Form 131, Application for Travel Document, or Form I-765, Application for Employment Authorization.
- Petitioners must send a separate fee payment for each form.
- If a petitioner or applicant submits a single, combined fee payment for Forms I-526 or I-526E and the other forms, USCIS will reject the forms for improper fee payment and return the fee.
June 2022
- U.S District Court for the Northern District of California in Behring Regional Center LLC v. Mayorkas, issued a preliminary injunction enjoining USCIS “from treating as deauthorized the previously designated regional centers.” Previously designated regional centers are now able to file Form I-956F, Application for Approval of an Investment in a Commercial Enterprise.
May 2022 EB-5
- EB-5 Reform and Integrity Act
- Introduced significant changes, including increased transparency and integrity measures.
March 2022 EB-5
- President Biden signed the EB-5 Reform and Integrity Act of 2022, which establishes the EB–5 Integrity Fund.
December 2021 EB-5
- Legislative Efforts
- Continued focus on long-term reauthorization and reform of the EB-5 program.
June 2021 EB-5
- The U.S. District Court for the Northern District of California vacated the EB-5 Immigrant Investor Program Modernization Final Rule.
April 2021 EB-5
- Processing Times
- Ongoing issues with lengthy processing times and backlogs.
November 2020 EB-5
- New Regulations
- Increased minimum investment amounts to $900,000 in TEAs and $1.8 million outside TEAs.
July 2020 EB-5
- Updated USCIS Policy Manual with guidance on the deployment of investment capital under the EB-5 Investor Program.
March 2020 EB-5
- COVID-19 Impact
- Significant delays in processing times and disruptions to projects.
September 2019 EB-5
- Proposed Changes to EB-5
- USCIS proposed to increase investment amounts and redefine TEAs.
February 2019 EB-5
- Short-Term Extensions
- The EB-5 Regional Center Program received a short-term extension.
December 2018 EB-5
- USCIS Updated Policy Manual:
- USCIS made significant updates to its policy manual, affecting various aspects of the EB-5 program. These updates included new guidelines for adjudications and investor compliance.
November 2018
- New USCIS Leadership and Speeding Up Adjudications:
- The USCIS EB-5 unit's new leadership announced initiatives to develop systems aimed at speeding up the adjudication process for EB-5 petitions.
October 2018 EB-5
- OMB Publishes Fall 2018 Unified Agenda
- Updates on EB-5 regulatory changes and future plans were included.
September 2018 EB-5
- Important Developments for Vietnamese and Chinese EB-5 Investors
- USCIS allowed certain foreign nationals, including Vietnamese and Chinese investors, to apply for adjustment of status earlier than usual. This was aimed at addressing backlog and visa availability issues.
August 2018 EB-5
- Break the Immigration Impasse
- Sheldon Adelson, Warren Buffett, and Bill Gates voiced opinions on immigration reform highlighting the importance of programs like EB-5 for economic growth.
June 2018 EB-5
- Disagreement about Massive EB-5 Project in Louisiana
- Controversy and legal challenges highlighted issues of transparency and investor protection.
May 2018 EB-5
- USCIS Listening Stakeholders’ Regulatory Changes Proposals:
- USCIS engaged with stakeholders to gather feedback on proposed regulatory changes to the EB-5 program, emphasizing a collaborative approach to reform.
April 2018 EB-5
- Significant New Changes to EB-5 Proposed in Congress
- EB-5 Regional Center Statute Extended
- Homeland Security Inspector General Issues Repot on USCIS Green Card Processing Times
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