USCIS Announces major EB-5 Fee increase

The fee increase will go into effect beginning April 1, 2024. Filing fees for EB-5 immigrant petitions will also see significant increases under the new rule. The Form I-526e  (Immigrant Petition by Alien Entrepreneur/Standalone and Regional Center Investor) will be raised to $11,160, from $3,675. The Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) fee will be raised to $9,525 from $3,835.

EB-5 Clients seeing Approvals in about 1 year!

Under the new RIA Act, USCIS had promised to expedite the adjudication of EB-5 petitions filed within the new Set-Aside locations. -We are finally seeing this come to light. -Several of our clients have received their I-526e petitions approved in about 1 year! It appears that the USCIS is focusing on Both the High Unemployment locations and Rural locations.        

USCIS clarifies the sustainment period for EB-5 petitions

The new RIA rules that came into effect 2022,  removed the requirement for EB-5 investor to maintain their investment throughout their conditional residence. USCIS specified the starting date for the two-year period under section 203/b)(5)(A)(i) of the INA for EB-5 investors seeking to remove conditions on their permanent resident status based on an EB-5 immigrant visa petition filed after the new regulation came into effect. The New rules modified section…

USCIS updates their approach to adjudicating EB-5

USCIS has updated their approach to adjudicating the I-526 / EB-5 immigrant visa petitions. By Darren Silver Partner. Darren Silver & Associates, LLP dsilver@darrensilver.com In a July 18, 2023 announcement USCIS explained that they have decided to adjudicate the I-526 applications under a new system. According to the announcement: “The purpose of updating the visa availability approach is to enable USCIS to increase productivity and more efficiently process Form I-526…

Partial Installment Investment EB-5

Filing an EB-5 Green Card with a Partial or an Installment  Investment amount. By Immigration Attorney Darren Silver The EB-5 program is an investment-based program which requires an investor to invest a minimum of $800,000 into a qualifying Regional Center project or a Business Enterprise. The investor is required to file a form known as an I-526e and with that form will also need to provide specific evidence and information…

Should I file an EB-1a or EB-2 NIW or Both?

The EB-1A and EB-2 NIW green card categories share similarities such as allowing self-petitioning and Premium Processing. -Where a visa number is available an applicant may be able to obtain a green card in a matter of months! The Requirements may be similar as the (EB-1A) requires proof of extraordinary ability while the EB-2 NIW requires an advanced degree or exceptional ability.  Both EB-1A and EB-2 NIW have requirements to show that…

Super Lawyers Recognizes Immigration Law Firm Partners

Super Lawyers Recognizes Immigration Attorneys Darren Silver and Anibal Sanchez. Darren Silver and Associates, LLP is extremely honored that both Partners Mr. Silver and Mr. Sanchez have been recognized in the Immigration Law section of the Annual Southern California Super Lawyer listing. See: https://digital.superlawyers.com/superlawyers/lxsl23/MobilePagedReplica.action?pm=2&folio=90#pg90 The Firm has over 25 years of Immigration Experience and has lead the way in assisting Corporate Clients, Employees,  EB-5 Investors, Extraordinary  Ability applicants and Families…

EB-5 News USCIS Extends Green Card Validity for I-829 investors

EB-5 News USCIS is extending the validity of Permanent Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. This change started on January 11, 2023, for Form I-829. USCIS has updated the language on Form  I-829 receipt notices to extend the validity of a Green Card for 48 months for individuals with a newly filed Form I-829. USCIS will issue…

Why EB-5 is a natural next step for H-1B visa holders

EB-5 Investor Magazine recently explored the large uptick in interest of H1-B Holders looking at the EB-5 Green Card path. As our law firm is located in California, we do work with many H-1B holders out of Silicon Valley who are looking for either an alternative path or a much faster path to move on to the freedom of permanent residency and away from being tethered to and employer. Since…