New EB-5 Rules March 2022

Effective March 15, 2022 new EB-5 Rules will be issued with an effect date of 60 days later. Some Key highlights of. the new EB-5 Rules: Investment amounts: The minimum amount for a Target Employment Area (either rural or high-unemployment area) investment is now $800,000; a standard or non-TEA investment is $1,050,000. Grandfathering past investors: The bill maintains eligibility of all pre-enactment investors, as of when they filed their I-526,…

STEM Majors Apply for EB-2 Green Cards

STEM Majors Apply for EB-2 Green Cards U.S. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs. Consistent with this Administration’s goal of removing barriers to legal immigration under President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening…

Direct EB-5 Investments remain at $500,000

On December 2, 2021,  Congress signed a bill to temporarily fund the U.S. federal government through February 18, 2022. The bill does not include any changes to the direct EB-5 program, which will remain for the time being at the reduced $500,000 threshold for projects located in high unemployment or rural TEAs and $900,000 for those Direct Businesses located outside of a TEA.   The EB-5 regional center program and Adjudications…

All Direct EB-5 Visa Applicants are current

December 2021 Visa Bulletin “Current” for All Direct EB-5 Visa Applicants By AILA’s EB-5 Committee The December 2021 Visa Bulletin was released on November 15. It states that China-mainland born EB-5 direct visa categories have become “current” for December. This is newsworthy because it is the first time all direct EB-5 applicants worldwide are “current” since the EB-5 visa categories became oversubscribed in 2015. It also appears to be the first time…

EB-5 Investment reduced back to $500,000

-On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the  then policy of requiring $900,000 for EB-5 investment. As such, USCIS we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including: No priority date retention based on an approved Form I-526; The required standard minimum investment…

International Entrepreneur Rule Visa immigration Attorney

  International-Entrepreneur-FILLABLE-July2021 In 2021, the Department of Homeland Security (DHS) relaunched the International Entrepreneur Rule (IER), allowing it to exercise its discretion to grant temporary entry to foreign nationals who will provide a “significant public benefit” to the United States based on their role as an entrepreneur of a recently formed start-up business. Threshold Requirements To qualify, the entrepreneur must: Own at least 10% of and maintain at least a…

International Entrepreneur Visa Parole Program

USCIS Relaunches International Entrepreneur Parole Program On May 10, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is withdrawing a 2018 notice of proposed rule making that proposed to remove the International Entrepreneur (IE) parole program from DHS regulations. The IE parole program provides a temporary immigration pathway for foreign entrepreneurs who have founded companies in the United States attracting venture capital or other…

Grenada Citizenship

Grenada Citizenship Investment E-2 Lawyer

As a preliminary matter the E-2 visa allows an investor to set up or purchase their own business in the United States. The investors is then authorized to run and manage this business. The E-2 visa is one of the most flexible visas available to foreign Nationals. The E-2 allows for a quick adjudicational at the U.S Consulate and generally will not require a USCIS application. Further, the E-2 investor’s…

Expansion of Interview Waiver Eligibility

Updated: March 11, 2021   Secretary Blinken, in consultation with the Department of Homeland Security, has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification.  Previously, only those applicants whose nonimmigrant visa expired within 24 months were eligible for an interview waiver.  The Secretary has temporarily extended the expiration period to 48 months.  This policy is in effect until December 31, 2021.  This…

Immigration Options for the H1b employee under the Covid-19 Pandemic

In an April 28, 2020 report, Bloomberg reported that over 200,000 H-1B employees in the United State may lose their lawful status by June of this year as a result of the ongoing COVID-19 pandemic. Darren Silver of Darren Silver & Associates, LLP a boutique Business Immigration Law Firm in Los Angeles believes that the Bloomberg numbers may be conservative and that the actual number of H1b employees impacted by…