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. Read more
“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. Read more
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. Read more
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. Read more
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: Read more
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. Read more
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. Read more
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. Read more
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. Read more
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. Read more
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. Read more
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. Read more
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. Read more
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 16th 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. Read more
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. Read more
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. Read more
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. Read more