News & Analysis as of

United States Citizenship and Immigration Services EB-5 Foreign Nationals

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Dinsmore & Shohl LLP

Lawsuit Challenges New USCIS Fee Rule

Dinsmore & Shohl LLP on

Significant increases to U.S. Citizenship and Immigration Services (“USCIS”) filing fees are set to go into effect on April 1, 2024. However, a lawsuit filed in U.S. District Court for the District of Colorado may delay that...more

Gibney Anthony & Flaherty, LLP

August 2023 Visa Bulletin Released with Significant Retrogression

The August 2023 Visa Bulletin has been released. Sustained demand for too few immigrant visas continues to have an adverse impact on foreign nationals and their U.S. employers....more

Burr & Forman

Alternative Financing Sources for Developers: EB-5 And E-2 Investors

Burr & Forman on

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

Akerman LLP - HR Defense

Retrogression and Further Delays Expected in the Employment-Based Immigrant Visa Process During May 2023

Employers sponsoring foreign nationals should be aware that some cut-off dates for filing immigrant visa applications in certain employment-based (EB) preference categories have recently “retrogressed” or moved backwards in...more

Seyfarth Shaw LLP

Processing Delays Create Need to Extend Validity of Certain Expired Green Cards

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In response to continued lengthy processing delays, the United States Citizenship and Immigration Services (USCIS) posted guidance in early September offering an extension to the time certain processing receipts (Form I-797)...more

Bradley Arant Boult Cummings LLP

EB-5 Enforcement on the Uptick

The EB-5 Immigrant Investor Program is one that attracts its fair share of attention, not all of it good, and too much of it from organizations named with that part of the alphabet — SEC and DOJ — that can strike fear in the...more

Sheppard Mullin Richter & Hampton LLP

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

Kramer Levin Naftalis & Frankel LLP

Congress Considering Bills to Radically Change Distribution of Employment-Based Green Cards

Earlier this month the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 1044), an act that would radically change the way employment-based immigrant visas are allocated by eliminating...more

Sheppard Mullin Richter & Hampton LLP

When the Government Shuts Down: The Impact on E-Verify, I-9’s, and Visas

Government shutdowns seem to be the norm these days. Whether they last 6 days or 60 days, the impact on E-Verify and visas is the same. Since the partial government shutdown began on Dec. 22, 2018, while lawmakers discuss...more

Burr & Forman

The Shutdown: USCIS and E-Verify

Burr & Forman on

The current government shutdown does not affect the vast majority of USCIS’s activities. Their offices are open, and interviews and appointments are proceeding as normal. USCIS continues to accept petitions and applications...more

Nelson Mullins Riley & Scarborough LLP

Immigration Law Outlook for 2018

Immigration continues to be a centerpiece of the Trump administration, and this means that the legal landscape may be subject to legislative, regulatory, policy, and agency operational changes, leading to additional barriers...more

Kramer Levin Naftalis & Frankel LLP

The Potential Impact of the U.S. Presidential Election on Business Immigration

Immigration changes are widely expected to be a key focal point in President-elect Donald Trump’s administration. Although we do not yet have details on how specific policies and programs will be affected, below is a summary...more

Mintz

EB-5 Due Diligence Matters

Mintz on

Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more

Akerman LLP

EB-5 Legislative Update

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While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for...more

Gerald Nowotny - Law Office of Gerald R....

Tax-Savvy Planning for Foreign Business Owners Seeking Temporary U.S. Residence: Alternatives to the EB-5 Visa

The EB-5 Visa program has been widely promoted as a legal basis for foreign business owners to gain conditional residency followed by permanent residency in the United States. The program is a great solution to the...more

Dorsey & Whitney LLP

SEC Files Another Fraud Action Based on EB-5 Program

Dorsey & Whitney LLP on

The EB-5 program is supposed to provide a path to a permanent green card. The program was designed to create that path for foreign national who invest specified sums in the U.S. that create jobs – a win win for everyone....more

Ballard Spahr LLP

Overview of the Bipartisan EB-5 Reauthorization Bill: The American Job Creation and Investment Promotion Reform Act

Ballard Spahr LLP on

Senate Judiciary Committee Chairman Chuck Grassley and ranking member Senator Patrick Leahy introduced sweeping, bipartisan legislation on June 3, 2015, to reauthorize and reform the EB-5 Regional Center program, which is...more

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