An immigration law office focused on providing individual EB-5 investors the latest EB-5 news, analysis, and EB-5 consultation and processing services, in an easy-to-understand style and format -- a "cool" place to get the "straight talk" on EB5 law, news & developments and services.
For internal research purposes only on how returning LPRs are to be treated under INA, regulations, case law and policies in various factual contexts.
- Application for entry
- Abandon LPR status: factors and how to prevent
I am not sure I totally agree that the above conclusion should be drawn from the report -- I think a more apt conclusion that should be drawn is that some children of immigrant entrepreneurs excel educationally -- but nevertheless, the reports serves to point out important point.
Alabama tries to attract foreign investment by saying it is one of the most business friendly states, but look what's happening now:
Apparently, Alabama wants foreign investment but doesn't mind arresting their workers in non-immigrant visa status. Time to inform Honda, Hyundai and Kia -- all international companies doing business and hiring U.S. workers residing in Alabama -- that they are not welcome.
It's good to know that this kind of hearing is being held now. The EB-5 RC Program should not be just reauthorized but be made permanent if the Congress is serious about attracting EB-5 investments.
By Robert Devine: http://eb-5center.com/files/11-12-7DivineTestimony.pdf
By David North: http://eb-5center.com/files/11-12-7NorthTestimony.pdf
By William Stenger: http://eb-5center.com/files/11-12-7StengerTestimony.pdf
“Reauthorizing the EB-5 Regional Center Program: Promoting Job Creation and Economic Development in American Communities”
Senate Judiciary Committee
DATE: December 7, 2011
TIME: 10:00 AM
ROOM: Dirksen 226
For research purpose only. November 2011 info provided by USCIS. Change of address Attorney.
An important but very general "overarching" master guidance memo for review and comments. Definitely more business friendly and more flexible, but it all depends on how CSC will apply this revised memo. At the same time, the language is too general on many issues, and hopefully will get specific enough to be practically useful.
Some issues that jump out:
1. Material change. USCIS changed its position and is actually saying what we have been saying all along.
A policy guidance was issued by USCIS in November 2011 governing NTAs.
Note according to the new Policy Guidance, NTA will be issued for I-829 denials. I wonder if USCIS will exercise its discretion in I-829 denied cases?
Another Regional Center EB-5 Program in Missouri in trouble? See below newspaper article.
With the exponential increase in the number of regional centers, it's just a matter of time before more regional centers and/or their EB-5 projects encounter problems.
This proposed revised policy guidance memo -- referred to as an "overarching" memo by Director Mayorkas -- reiterates for the most part what the EB-5 statutes and regs already say. This is an overarching memo in that it should be taken as a broad plan for a house of EB-5 whose individual rooms will be filled in, but general strokes will remain the same. In other words, individual rooms will be built through additional rounds of comments but the approximate boundaries have been drawn.
[Q] I have a question regarding funding source that can also contribute to your website: Can a 200K unsecured personal loan from a family member and a 300K unsecured personal loan made by a recognized financial institution be used as my personal funding source for a EB5 business?
The answer to your question lies in the definition of "capital". The definition of allowable "capital" does not allow unsecured loan to be used as EB-5 investment funds. Any loan used must be indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.
We are all for the U.S. government (through its agencies) and stakeholders working together to find solutions to create more jobs. What took them so long?
Hopefully, this talk leads to fruitful actions and changes.
Languages spoken by EB-5 Center Team of Attorneys:
- Chinese (Mandarin) by an affiliated attorney
We plan to add attorneys who speak other languages as the need arises.
Go to: http://eb-5center.com/overview for an overview. You should always read this section before getting into more detailed info.
Another bill which has very little chance of passing, but we are posting this for those curious.
Note that his bill would NOT grant a green card for buying a house; just a three-year temporary X visa. Nor would it allow the person to work in the US. They would also have to live at least 180 days a year in the US.
Heck, if this bill passes, no one will pursue the current EB-5 Program. For the record, we are not against this bill; we just think it has no chance of passing.
Everyone is right and wrong on this one, simply because it's unpredictable how long CSC will take to decide I-526 cases, even when there has been a pre-approval on the project. Many EB-5 practitioners have a valid point in asking what is the point of the "pre-approval" if one cannot rely on the pre-approved project.
Based on our experience and other EB-5 practitioners, I-526s adjudication time frames range from 1 month to over 14 months: that's correct, 14 months after the submission. Of course, when a RFE is issued, it will delay the adjudication. However, even after RFE response has been submitted, CSC can take anywhere ranging from one month to 7 months from the time of RFE submissions.