News & Resources
EB-5 Visa Regional Center Program Extended Through September 2017
On May 5, 2017 President Trump approved the bipartisan Congressional spending bill that will continue to fund the U.S. government through September 30, 2017. Despite concerns over a potential termination or amendment of the popular EB-5 Visa Regional Center Program, Congress has agreed to extend the program cleanly through the conclusion of the 2017 fiscal year. Despite significant opposition from prominent Republican and Democratic legislators, Congress agreed to extend the program without any changes through September though challenges still remain for the EB-5 visa program even during that period.
Following Indications that Courthouse Immigration Raids will Continue, State Chief Justices Speak Out
Most observers expected a more aggressive approach to immigration enforcement from the Drumpf administration. However, many immigrants and observers have been nevertheless been shocked by some of these tactics. One of the more controversial gambits employed by Immigration and Customs Enforcement (ICE) agents are courthouse raids on undocumented immigrants. In many instances, the undocumented immigrants are coming to the courthouse for ICE-mandated check-ins or other unrelated proceedings.
As Uncertainty Surrounds H-1B Visas, Businesses and Individuals May Consider L-1 or EB-5 Visas, Respectively
The H-1B visa has developed into one of the high-profile immigration solutions employed by businesses. In essence, the H-1B visa permits greater labor flexibility since companies can seek workers from abroad to fill certain job roles when an American is unable to perform the job. An array of rules and regulations surround this process and interested companies will typically need to seek labor certification from the Department of Labor.
“Final” Temporary EB-5 Extension Expected as April Reauthorization Deadline Approaches
The EB-5 Visa and the regional center visa program have experienced some turbulent times over the past several years. Despite attracting little attention for the first two decades of its existence, the EB-5 visa program exploded onto the scene following the Great Recession. The rapid growth of the program was made possible due to two converging trends. First, real estate developers doing business in the United States sought an alternate source of capital as traditional investment and funding sources dried up. Second, foreign nationals sought a relatively safe place they could store their money while also providing greater opportunities for their children.
Detained DREAMer Released After Being Held for 6 Weeks
Six weeks ago, DREAMer Daniel Ramirez Media was taken into custody by ICE despite his protected status. The arrest and detainment of this DREAMer set off panic among many immigrants and family members who had relied on their protected status under DACA and taken steps to build a life in the United States. While there are still serious questions regarding ICE’s actions and approach to immigrants and protected status, there is at least one piece of good news for DREAMers and their family members. That is, arrested DREAMer, Daniel Ramirez Medina, was ordered to be released by an immigration judge.
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.
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.
