Darren Silver & Associates, LLP
The EB-5 Reform and Integrity Act of 2022 (RIA) created Changes in EB-5 Visa Adjudication. With the introduction of the Reserved visa set-aside categories. Where an applicant files an EB-5 investment-based petition in one of these new Reserved set aside locations, USCIS has moved forward with prioritizing these applications for adjudication. While there is no consistency with the adjudications, our law firm has seen some Rural based set aside investment…
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.
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.
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…
October 2023, EB-5 Investors Magazine announces the winners of the top 25 immigration attorneys who specialize in the field of EB-5. -It is a great honor that Darren Silver has been selected for another consecutive year as one of the top EB5 lawyers in the country. https://www.eb5investors.com/magazine/article/eb5-top25-winners-immigration-attorneys-2023
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…
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…
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…
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…
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,…