Florida Immigration Law Blog: Colombo & Hurd

House Judiciary Committee Holds Hearing on EB-5 Visa Program

For years, members of the House of Representatives and a number of members of the Senate have expressed concern over the EB-5 visa program. These concerns are generally premised on the belief that the EB-5 program is being abused by developers. This is creating a scenario where individuals in rural areas believe that the promised benefits of EB-5 investment are not being delivered. Rather, they charge that the practice of gerrymandering is allowing EB-5 regional centers and developers to construct luxury projects in urban high-wealth areas.

Department of Homeland Security (DHS) Releases Implementation Memo Discussing Border Patrol Enforcement Priorities

In recent weeks, the immigration and border enforcement regime that Americans and American immigrants had become accustomed to were thrown into disarray. Longstanding assumptions about ICE agents and other enforcement priorities seemed to fall away and immigrants were left with a sense of anxiety over whether they would become targets for removal or otherwise face immigration enforcement action. Our Orlando deportation lawyers explain:

EB-5 Visa and the Indian Investor

In 1990, the United States Congress created an immigration program called EB-5 with the hopes that it will generate new investment capital in the United States and create new jobs for workers in the country. EB-5 visa stands for the employment-based fifth preference visa. The program enables immigrants “who invest their capital in job-creating businesses and projects in the United States [to] receive conditional permanent resident status in the US”, and the conditions are lifted after the individual has satisfied the criteria of eligible for a period of two years, which then enables the immigration to have unconditional lawful permanent resident status in the United States.

Arrest of DACA Dreamer May Signal New Era in Immigration Enforcement

For many Dreamers, children who were brought to the United States without proper immigration authorization, the Deferred Action for Childhood Arrivals (DACA) program was supposed to represent a promise. To Dreamers, DACA was a promise that as long as they stayed out of trouble, focused on school and work, and developed into a responsible young adult then they would not be subject to arrest, removal, or other adverse immigration enforcement action.

EB-5 Applications Spike Following Introduction of Bill that Could End EB-5

The EB-5 visa program is an important engine for growth in the American economy. Following the economic difficulties following the 2007 Recession, the EB-5 program became a major source of capital and investment for real estate projects. EB-5 has allowed developers to secure funding for an array of projects in cities like New York, Miami, and in surrounding areas. In Miami and throughout Florida, EB-5 investments have provided the impetus behind the Tap 42 Craft Beer & Kitchen locations that recently opened in Coral Gables and Boca Raton. In Miami itself, the CCCC Miami Towers in the Brickell area of the city will bring mixed-use development to the city.

How will the Trump Presidency Impact the EB-5 Program?

Over the past few years, the EB-5 visa program, designed to provide green cards to immigrant investors, has come under increasing scrutiny. To date, a number of Senators and elected representatives have raised concerns regarding the flow of EB-5 capital to urban, wealthy areas rather than to rural areas and areas of high unemployment. These and other issues with the EB-5 and Regional Center programs have thrown EB-5 into a state of flux. Time after time as funding deadlines came and went, Senators have ratcheted up rhetoric on ending the program if reforms were not introduced. This has led to significant uncertainty in the E-5 arena.

EB-5 Minimum Investment Amount would Skyrocket to $1,350,000.00 under Proposed USCIS Regulation

The Department of Homeland Security (DHS) has finally released its proposed new regulations concerning the EB-5 Visa. Dubbed the “EB-5 Modernization Rule”, the regulation provides proposed sweeping changes to the EB-5 Investor Visa in several key areas.

E2 Visa Approved via Brussels, Belgium US Consulate for Financial Solutions Company

Visas for Journalists – I Visa for Qualifying Representatives of Foreign Media Organizations

Members of foreign media organizations may wish to travel to the United States to live and work on a temporary basis for a variety of reasons. One of the most common reasons for a broadcaster, reporter, editor, film crew or other media member may come to the United States is to report on breaking news. However, reporting on ongoing events is far from the only reason why a foreign new organization would express interest in having employees working in the United States.

EB-5 Visas Requires the Strategic Navigation of Multiple U.S. Government Agencies

Individuals who are seeking a green card and pathway to citizenship have likely heard of a program known as EB-5. The EB-5 visa allows a wealthy immigrant entrepreneur to make an investment into the United States in exchange for a green card. The investment into the United States must meet certain requirements regarding minimum amounts and other requirements before it can confer an immigration benefit. Furthermore, should a green card be issued due to the initial fulfillment of conditions, the immigrant will still need to petition once again to have the conditions removed from the card.

USCIS Provides Employment Visa Guidance Regarding “Same or Similar” Occupations

Section 204(j) of the Immigration and nationality Act (INA) provides for job portability for individuals living and working in the United States on an employment visa. The job portability provisions found in Section 204(j) can allow an individual to change jobs or receive a promotion while retaining their lawful immigration status. However, whether a job is portable is dependent upon whether one job holds “the same or a similar occupational classification” as the new job.

Orlando SC’s Soccer Stadium: Built through EB-5 Investments

Orlando SC was announced by Major League Soccer and the club’s investment group in 2013. Known as The Lions, Orlando SC entered league play in the MLS in 2015. The team played its first match against New York City FC. While the team itself seemed to proceed from concept to reality rather quickly, the same cannot be said for the team’s stadium. However, these difficulties in securing a new stadium arose after what initially appeared to be a promising start. For a brief look at some of the problems that had halted stadium development and the potential immigration-based solution to the lack of funding, read what a Tampa investor visa lawyer of Colombo & Hurd explained below.

DACA Suit Seek Relief for Dreamers, Claims Texas Ruling Should Not Apply to other States

In 2014, It appeared that the Obama administration’s immigration relief initiatives, known as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (expanded DACA), would provide relief to potentially millions of immigrants nationwide. Under DACA, certain children who had come to the United States as undocumented immigrants prior to their 16^th birthday prior to 2007 would receive a renewable work permit and other benefits. DAPA was intended to provide similar relief for qualifying undocumented parents of American citizens or lawful permanent residents. Concerns about immigration law or your EB-5 visa? Contact a Miami immigration lawyer of Colombo & Hurd.

EB-5 Visa Program Extended without Reforms for the Second Straight Year

For the second straight year the EB-5 visa program, was nearly allowed to expire. The EB-5 visa program is a means through which certain entrepreneurs who make a minimum qualifying investment and satisfy certain job creation requirements can receive a green card. The program was initially authorized in the early 1990s and was intended to attract job-creating investment into the United States. However, the program was little-used in its first two decades of existence and only began to attract attention following the global financial crisis in 2007. After the financial crisis, interest in the program skyrocketed as investors from China, Brazil, and other nations sought safe investments that could lead to a better life for themselves and their qualifying family members.

EB-5 I-526, I-829 and I-924 Processing Times Reach New Records as Thousands of Applications Await Processing

The EB-5 visa program is a government program that can permit foreign entrepreneurs to invest in the United States to create jobs in exchange for a temporary green card. Provided that the terms and conditions of the program are satisfied, the conditions on the temporary green card can be removed and the EB-5 investor can, in time, petition for naturalization as a U.S. citizen. Thus, EB-5 visa investors must make multiple legal filings — including a comprehensive business plan — and prove an array of facts ranging from the investment funds being lawfully sourced to the satisfaction of the job creation and other requirements.

What are the Differences between Direct EB-5 Investment and Investment in an EB-5 Regional Center?

The EB-5 visa program allows alien entrepreneurs to achieve a U.S. green card status by investing in the United States. The investment must be a minimum of $1 million, or $500,000 in a targeted employment area (TEA), and meet certain job creation requirements. However, meeting these conditions and the array of filing requirements is extremely worthwhile since a successful application will provide a green card for the entrepreneur and all qualifying family members.

New US Immigration Option for International Entrepreneurs

On August 24, 2016, the United States Citizenship and Immigration Services (USCIS) published a proposed rule that would enable entrepreneurs from around the world to apply for parole for a period of two years in order to grow their business in the United States. In proposing the rule, the Department of Homeland Security evoked its discretionary authority under Section 212(d)(5) of the Immigration and Nationality Act which allows DHS to grant parole to individuals on a case-by-case basis for humanitarian reasons or for significant public benefit. Our Tampa immigration lawyers explain.

Foreign Investment Conference in Lakeland, Florida Emphasizes Growing Importance of EB-5 Visa

Recently, an I-4 Commercial Corridor conference was held in Lakeland Florida at the Florida Polytechnic Institute. The I-4 corridor stretches from Tampa Bay to Daytona Beach and travels through the Orlando and Disney World Resort areas. The I-4 corridor is one of the fastest growing and developing areas in all of Florida. Perhaps it is no surprise to many familiar with commercial real estate development, but the EB-5 visa program has played an integral role in driving this growth.

Immigration Attorney Rusten Hurd Interviewed on Business Innovators Radio

Attorney Rusten Hurd and the Florida investor visa attorney of Colombo & Hurd are proud to represent entrepreneurs and investors who are considering immigrating to the United States to pursue their American Dream. Recently, Mr. Hurd sat down with Neil Howe of Business Innovators Radio to discuss some of the options intending immigrants have in coming to the United States and some of the challenges they may face during the immigration process.

Considering EB-5 or other Visas? USCIS Proposes a Significant Fee Schedule Increase

Most individuals seeking to immigrate to the United States permanently or to live and work in the U.S. temporarily understand that there is a cost associated with various filings they must complete to receive visa authorization. In most cases, the fees set forth by USCIS are fairly reasonable in light of the purpose of the visa and whether an individual or business is likely to apply for it.

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