Serving EB-5 investors in USA and Asia, with empathy and specialized skills gained through years of experience, our office focuses on quality rather than quantity.


[HOT] Potential issue for Chinese EB-5 cases?

A very interesting article on some potential issues for Chinese EB-5 cases. Does this article raise unfounded fears for Chinese EB-5 cases, or are these fears justified? A nicely-written article though.

http://lawandborder.com/?p=1778#more-1778

[HOT] What are some of the packet preparation procedures for EB-5 petitions, including I-526 and I-829s?

Regarding tabs, USCIS issued a useful instruction as follows:

Question 1: The perennial question regarding tabs versus colored dividers has resurfaced. We would appreciate your thoughts on best practice in terms of both the lockbox, and direct filings at the Service Center. The USCIS website indicates that tabs should be placed on the bottom of the packet; however, during a recent stakeholder meeting, USCIS indicated that such tabs would be removed and that USCIS preferred colored paper instead (AILA Doc. No. 12031666).

Question 1a: Please clarify whether USCIS prefers tabs or colored paper.

Our office has recently obtained I-526 approval notices for two SE Asian nationals

They were two friends who were executives and shareholders of the same successful company in their home country. We are now in the process of handling their IV consular processing. For confidentiality purpose, we are not even disclosing their home country because they are from a country in SE Asia where not many even attempt EB-5 cases. [Hint: It's not China, Vietnam, Korea, Taiwan, Japan or Hong Kong.]

Having handled I-526 cases in this particular country, we learned helpful information on this country's business practices and system that are relevant to EB-5 cases and procedures.

[HOT] Priority 1 "fast-moving audit" review of the EB-5 Regional Center Program within USCIS?

What caused this, because as far as we know, most of the RCs are not involved in any fraud. Also, USCIS is very tough on EB-5 cases. See the article at:

http://www.thedaily.com/article/2012/09/17/091712-news-eb5/

Also, isn't this something that USCIS should be letting the EB-5 stakeholders know, since this audit seems to have leaked already?

[Q] Can an affiliate company of the NCE create requisite jobs?

No. See: http://www.uscis.gov/err/B7%20-%20Form%20I-526%20and%20I-829/Decisions_I...

In essence, requisite jobs must be created by an entity that qualifies as a NCE or JCE.

[HOT] SEC requirements and/or restrictions affecting EB-5 Regional Centers operation and marketing

For internal research purpose: SEC, exemptions, EB-5.

http://www.ppm.net/ppm-info/regulation-s/summary-of-sec-regulation-s/

Note the proposed SEC rule eliminating a prohibition against general solicitation and general advertising to securities offered under Rule 506 of Regulation D of the Securities Act. This proposed rule was mandated by the Jumpstart Our Business Startups Act, companies would be permitted to use general solicitation and general advertising to offer securities under Rule 506 of Regulation D of the Securities Act and Rule 144A of the Securities Act.

http://www.sec.gov/news/speech/2012/spch082912mls.htm

http://www.sec.gov/news/press/2012/2012-170.htm

http://www.sec.gov/rules/proposed/2012/33-9354.pdf

The Proposed Rules

Rule 506

[HOT] [Q] Given USCIS' recent shift in position on "tenant-occupancy", can an office building development be the basis for an EB-5 project?

Recently in 2012, USCIS announced its "tentative" policy on "tenant-occupancy" issues. The new policy appear to make an office building development (to be rented out to various types of tenants) an extremely difficult EB-5 project. Is this the case?

The short answer is: "In theory, no; in practice, no one knows -- yet."

[Q] During my CPR stage, I gave a birth to my child while I was visiting my home abroad. Can my baby obtain green card?

See: http://www.dazlaw.com/index.php?option=com_content&view=article&id=117:g...

The above article says:

Yes, if you meet certain requirements. There are two ways to bring your daughter to the United States as a permanent resident after her birth abroad. One way is very quick, while the other way may take a year to complete.

[HOT] Another article on how EB-5 money is being used for hotel developments

http://dealbook.nytimes.com/2012/09/06/visas-for-dollars-program-a-boon-...

One thing curious to me is that most of the comments to the article is negative. But I wonder how can the commenters expect the foreign investors to invest in a U.S. business if the foreign investors do not receive something in return, i.e., green cards, when they certainly are not receiving all that much profit? Specifically, I am curious what these commenters think the foreign investors should receive as a benefit in return for investing $500,000 to $1 Million USD in a U.S. business?

[HOT] President Obama signs the 3 years extension bill of the EB-5 Regional Center Program

Update:

On Friday, September 28, 2012, the President signed into law:

S. 3245, which extends to September 30, 2015, the expiration dates of key requirements of four immigration programs administered by the Department of Homeland Security: the EB-5 Regional Center Program; the E-Verify Program; the Special Immigrant Non-Minister Religious Worker Program; and the Conrad State 30 J-1 Visa Waiver Program.

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[HOT] Meeting the "at risk" requirement in a direct EB-5 case is tricky -- or confusing?

As the AAO and the federal district court decision for the same case show below, meeting the "at risk" requirement is tricky, and the federal district court in some sense side-stepped the primary issue of how to practically meet this requirement.

AAO Denial Decision: http://eb-5center.com/files/hakcohumaideb-5aaodismissalapr20200902b7203-...

Federal District Court (Northern Texas) Decision: http://eb-5center.com/files/humaidvroarkndisttx01262010eb-5-110320212859...

[Q] If I get married after I obtain CPR through an EB-5 case, will my spouse be accorded CPR status?

No, you have to marry before you obtain your Immigrant Visa if you and your spouse both want to obtain CPR status.