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The EB-5 program, officially known as the Employment-Based Fifth Preference Immigrant Investor Program, offers a compelling pathway for foreign investors to gain lawful permanent residency in the United States by investing in...more
1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more
Working in a foreign country as an entrepreneur can be challenging, particularly when you are an early-stage start-up business. While the United States has a long history of prospering from the ingenuity and innovations of...more
The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used...more
1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more
Substantial changes are forthcoming for the EB-5 Immigrant Investor Program as the omnibus spending bill awaits President Biden’s signature. Aside from proposing $1.5 trillion for annual expenses and aid, the omnibus bill...more
In the evening hours of March 9, the U.S. House of Representatives passed a $1.5 trillion spending bill that would fund the U.S. government through the rest of the fiscal year and provide $13.6 billion to respond to Russia’s...more
On March 15, 2022, the United States enacted the EB-5 Reform and Integrity Act of 2022 (the 2022 Act) as part of a large omnibus budget package of legislation. The 39-page compromise legislation grandfathers existing workers...more
Prospective EB-5 investors have watched 2019 regulations nearly double minimum investment amounts, only then to see those regulations judicially vacated in 2021 just as the regional center legislation expired on June 30,...more
With regional center legislation expired for now, and almost all investors born in Mainland China having used a regional center sponsorship, there should be nearly zero Chinese investors waiting for an EB-5 visa number and...more
The EB-5 Regional Center Program will expire at midnight tonight because Congress has not reached an agreement on reauthorization. An attempt by Senators Chuck Grassley and Patrick Leahy to pass the EB-5 Reform and...more
While the news on the EB-5 investor visa appear promising, Congress has still failed to reauthorize the EB-5 regional center program beyond its June 30, 2021, sunset date. Reduced Minimum Investment Amount-... ...more
On June 22, 2021, Magistrate Judge Jacqueline Scott Corley of the Northern District of California ruled that Former Acting Homeland Security Secretary Kevin McAleenan exceeded his statutory authority in issuing the July 2019...more
This week two major events occurred in the EB-5 investment visa program: (1) Congress failed to enact a law renewing the law authorizing regional centers and indirect investment and job creation, which expires June 30; and...more
Following a shift in U.S. presidential administrations and changes due to the COVID-19 pandemic, Jackson Walker partner Christian Triantaphyllis, who leads the Firm’s Investment Immigration practice, covers some potential...more
The EB-5 Investor Visa was created by an act of Congress in 1993, and it has proved to be a critical driver in American job creation since its inception. By some estimates, the program has brought in over $20.6 billion...more
Last week, USCIS issued significant Policy Guidelines concerning its stipulated attempt to address fairness concerns with coordinating I-526 petition adjudications with U.S. State Department visa allocations. ...more
USCIS has been falling farther and farther behind on adjudication of EB-5 filings. Last week USCIS suddenly announced that, starting March 31, 2020, it will adjudicate first I-526 petitions from investors for whom a visa...more
Congress returns to Washington this week after the Thanksgiving recess to find a feast of leftover legislative items still on the table. Congress has a limited number of days remaining on the 2019 legislative calendar to...more
On November 21, 2019, the EB-5 "Immigrant Investor Program Modernization" became effective. This is the first significant EB-5 regulatory change instituted by U.S. Citizenship and Immigration Services (USCIS) since 1993....more
As of November 21, 2019, the United States EB-5 immigrant visa, employment-based fifth preference category, or EB-5 Immigrant Investor Visa Program, will be revised for the first time since its 1990 enactment. The revisions,...more
The Department of Homeland Security (DHS) has published final regulations that change some of the key features of the EB-5 Program, which makes approximately 10,000 green cards available each year for qualifying investors and...more
Overview - If you have read any of my articles in the past, you should know by now that I am a major fan of Afro-Cuban music, aka Salsa. You also know by now that I grew up in the Panama Canal Zone. One of my friends at...more
The EB-5 immigrant investor program, first introduced in the early 1990s, has not had an overhaul since its inception. Major changes will apply to all I-526 petitions filed on or after the Effective Date of November 21, 2019....more