Immigration Law Blog: Colombo & Hurd

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.

USCIS Issues L-1A Visa Policy Guidance for Manager and Executive Visas

The L-1A visa for managers is an essential immigration tool for multinational businesses with operations in the United States. The visa is considered nonimmigrant in nature and can allow a U.S. based employer to bring key personnel, such as executives and managers, to work in a U.S. office. Furthermore, businesses considering commencing U.S. operations can also bring a manager or executive to the United States for the purposes of opening or establishing an office. However, like all visas, the manager or executive must meet certain characteristics and qualifications to be eligible for the L-1A visa.

USCIS Calls for Public Comment as it Considers EB-5 Program Changes

The EB-5 visa program has been under sustained political attack from Representatives and Senators in Congress. These attacks have not gone unnoticed. Recently, the SEC and FINRA have announced enforcement actions and an enforcement focus on EB-5. Furthermore, United States Citizenship and Immigration Services has announced its intention to redraft some of the regulatory and policy aspects of the EB-5 program.

Multiple SEC Actions Show the Importance of Working with an EB-5 Lawyer

The EB-5 visa provides hard-working and entrepreneurial individuals a pathway to U.S. citizenship while also benefiting U.S. Citizens and workers. The program provides foreign nationals a pathway to a green card and citizenship provided that they make a qualifying investment into a U.S. business and create at least 10 jobs. For Eb-5 projects not located in a targeted employment area (TEA), a minimum investment of $1 million is required. However for projects in a TEA, an investment of $500,000 is sufficient. Thus, an EB-5 project in a TEA is often a good fit for individuals in a country with strict capital controls such as China.

Supreme Court Vacancy May Alter Legal Calculus on Deferred Action Executive Order

Many expected that upcoming Supreme Court termto bring bad news for undocumented immigrants who were eligible for deferred action under President Obama’s DAPA and DACA executive orders. Many of these individuals who arrived in the United States alone or accompanied by their parents before their 16^th birthday have long lived in fear of removal from the U.S. and deportation to their country of citizenship. Many of these immigrants came from nations in Central and South America that were grappling with severe upheaval due to the changes in the global economy and domestic instability. In many of these countries, violence elevated above the rule of law and unexplained disappearances are not uncommon. In any case, many immigrants fled their original homes in search of safety and a chance to start a better life.

SEC, FINRA provide increased scrutiny concerning EB-5 Regional Centers & Private Placements

In recent years the EB-5 program developed from a little-known and infrequently used path to a permanent green card to a program that is attracting demand so intense that the program is exhausting its visa allotment. In 2014, EB-5 visas for Chinese nationals were exhausted in August due to significant interest from Chinese investors. This was the first time in the program’s 24-year history that visas ran out for any country. In 2015, continuing demand from China resulted in the visa allotment for Chinese nationals to be exhausted even earlier.

E2 Visa Approved through US Consulate in Rome, Italy for Purchase of Retail Store

U.S. Government Implementing Amendments to Visa Waiver Program (VWP)

A healthy and non-overly restrictive immigration policy is essential to the health of the American economy and the country’s current and historical aim of attracting the best and the brightest including people with a desire to work hard to build a better life. This goal also extends to the free-flow and exchange of ideas facilitated through travel by executives, scientists, and other influential individuals. These highly accomplished individuals may wish to visit the U.S. to speak at conferences or seminars, negotiate business deals, sign contracts, and work on highly sophisticated or technical matters concerning an array industries and interests including high tech startups, biomedical firms, and aerospace engineering interests – to name a few.

Extension of EB-5 Visa Policy Until September Provides Additional Opportunities to Secure U.S.Citizenship

The EB-5 investor visa program has long provided a win-win solution for entrepreneurial-minded foreign nationals and the citizens and permanent residents of the United States. At the most general level, the EB-5 program allows for investment into new, or in some cases existing, businesses that create a certain number of jobs can provide the foreign individual a permanent green card. Furthermore, a spouse and certain children can also obtain derivative green cards through the program. Thus, an entire family can receive green cards through an investment that will also benefit the family’s new home.

Despite Extension, Congressional Battle Over EB-5 Visa Program Reform Continues

When we last discussed on the ongoing saga concerning EB-5 visa and its reauthorization, the program had been reauthorized by Congress in its current form. Thus, no changes were made to the program that has been in operation since the early 1990s. Furthermore, the program was not expected to be subjected to any amendments, alterations, or other changes until after the expiration of its reauthorization on September 30, 2016. However, like most items handled by recent Congresses, the handling of issues and concerns has been extremely unpredictable and subject to erratic and unexpected changes.

ICE Agents Conduct Weekend Deportation Raids

For years immigrant who have fled violence and instability in Central America and other nations have worried about immigration enforcement action due to their undocumented status. For many immigrants who came to the United States to provide a better, safer life for their children one of their biggest fears is a raid by government officials and being removed, or deported, from the United States. Parents of young children also fear the pre-dawn at-home raid that can, at minimum, further traumatize children and those who fled the use of such tactics in their home nation.

What Methods Can A Regional Center in the EB-5 Program Use to Evidence Job Creation?

EB-5 visa investors are required to file an initial I-526 petition where, among other items, they set forth a business plan that shows how the EB-5 project will create or preserve at least 10 full-time jobs for Americans. After a successful initial petition the individual will receive conditional green card. But the immigrant-investor must also file an I-829 petition to remove those conditions and convert the card to a permanent green card. One of the things that must be shown in the I-829 petition is that a sufficient number of full-time jobs were created.

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