Understanding the Future for the EB-5 Visa and Its Job Creation Requirements in Light of Unprecedented Demand The EB-5 Immigrant Investor program has been a remarkable success in recent years. In fact in 2014, for the first time in program history, the demand for EB-5 visas exceeded the amount available under the program. In anticipation of the continuing deluge of EB-5 applications, United States Citizenship and Immigration Services (USCIS) has issued a proposed Policy Memorandum seeking to clarify two important grounds for eligibility: job creation and the sustainment of the investment. Read more
The Future of the EB-5 Visa in Light of Unprecedented Demand: The Effect of Material Changes on Your Investment The EB-5 investor visa for foreign immigrant investors has never been so highly sought after as a path to a green card and, potentially, citizenship. The reasons for the explosion in demand are numerous, but regardless of these motivating factors, the end result for intending immigrants has been uneven and rather unpredictable. In light of the record number of individuals applying for the EB-5 visa, on August 10, 2015 the United States Citizen and Immigration Services (USCIS) issued a proposed Policy Memorandum regarding a number of considerations and factors that must be satisfied to qualify and remain eligible for the benefits of the EB-5. Read more
The Future of the EB-5 Visa in Light of Unprecedented Demand: The Investment Sustainment Requirement As discussed in the previous blog post discussing potential changes to the EB-5 job creation requirement in light of unprecedented demand, the EB-5 visa has never before been so highly sought. Indirect EB-5 projects are administered by the regional center under whose umbrella the project is handled. Some particularly notable projects being financed through EB-5 immigrant investors includes Hudson Yards and Pacific Park located in New York City, Hunter’s Point Shipyard in San Francisco, SLS Las Vegas, as well as the Panorama tower in Miami. Read more
Many DACA Work Authorizations Issued after February 5, 2015 Were Improperly Issued by USCIS For years, if not for a decade or more, there have been increasingly urgent calls for immigration reform in the United States. Proponents of reform believe that the immigration status of millions of Americans should be clarified so that individuals and businesses can proceed with certainty in their employment opportunities & offers and other endeavors. One particularly sympathetic group of immigrants are the children of undocumented immigrants who came to the United States while they were extremely young or were born here. These “Dreamers” lived their childhoods in the United States, identify with American culture, and have built their lives in this country through no fault of their own. Read more
Understanding The Classes of EB Visas for Permanent Workers U.S. Citizenship and Immigration Services (USCIS) is authorized to issue about 140,000 immigrant visas to individuals intending to immigrate on the basis of their employment or job skills. Employment-based immigration visas are known as the EB series of visas. They provide immigrants with a pathway to a green card and to citizenship. They are contrasted by the E, H, and other series of temporary worker visas that do not typically provide a pathway to citizenship. Read more
Employers Must Comply With a Labor Certification Process for Many Work Visas For those who wish to live and work in the United States permanently on the basis of their employment or job skills, the Employment Based (EB) series of visas provides the most direct, and traditional pathway to green card holder status and citizenship. For many intending immigrants seeking to put down roots in the United States, satisfying the labor certification process is the first step towards a green card. For immigrants seeking to immigrate to the U.S. on the basis of a familial relationships, labor certification is not required. Once the intending immigrant has received labor certification approval, the petition sponsored by the employer and advanced on the worker’s behalf can be filed. Read more
Orlando Immigrants: Beware of the Unlicensed Notario Scams Individuals seeking to immigrant to the United States must satisfy a significant number of both substantive and procedural hurdles to achieve their immigration goals. The U.S. immigration process can be complex, intimidating, and quite different from the immigrant’s expectations. Thus, it is not surprising that while immigrants embrace the United States with open arms, they may seek first help from individuals sharing a similar cultural background or who have gone through similar experiences. Read more
How Can an EB-5 Entrepreneur Remove Conditions on His or Her Green Card? Many foreign entrepreneurs and certain family members of the entrepreneur can avail themselves of the pathway to citizenship that the EB-5 immigrant Investor Visa can offer. However, unlike many other pathways to citizenship, the green card initially provided by this program is merely conditional. This means that, absent a petition to remove conditional status, the conditional green card will expire after two years. However, immigrants who can prove that they have satisfied the conditions attached to the EB-5 program will be granted non-conditional legal permanent resident status. Read more
Can A Troubled Business Be Approved for an EB-5 Visa? Foreign nationals with significant resources who are seeking a pathway to citizenship are likely aware of the EB-5 visa program. The program is intended to attract immigrants with resources and skills that can help drive economic and job growth. In fact, the conditions of the program require an immigrant investor to make a minimum investment of $500,000 or $1 million into a new commercial venture to create at least 10 full-time jobs for Americans. Read more
Can an EB-5 Investment Be a Loan? The EB-5 immigrant investor visa is part of the Immigrant Investor Program that was created by an act of Congress in the early 1990s. The Act was intended to stimulate economic growth and development within the borders of the United States by providing a pathway to citizenship for foreign entrepreneurial investors. The program has widely been hailed as a success both for the United States and the individual investors and it has been reauthorized each year since its 1992 pilot program. Read more
What Happens if an EB-5 Investment Fails? The ultimate purpose of the EB-5 Visa (Immigrant Investor Program) is to stimulate the United States economy by promoting job growth through the investment of foreign capital in U.S. companies. Toward meeting this objective, U.S. Citizenship and Immigration Services (USCIS) requires EB-5 investors to invest amounts ranging from $500,000 to $1,000,000, or to invest in specific Regional Centers. But what are the consequences if the investment falters? Read more
Are There Certain Special Job Categories to Obtain a Green Card? Many intending immigrants are often eager to know whether they can qualify for permanent resident status due to their employment in a specialized job category. While there are a number of specialized job categories that can lead to legal permanent resident status, the categories are narrowly tailored. Those who wish to qualify for a Green Card through their employment must be able to satisfy both timing requirements and individualized requirements or characteristics the intending immigrant must be able to meet. Read more
Do You Qualify for an EB-5 Visa? The EB-5 visa is an immigrant visa that can allow the citizens of foreign nations to obtain admittance to the United States and provides a pathway to citizenship if they invest a substantial amount of capital into a new U.S. commercial enterprise. For these reasons this visa is sometimes called a foreign investor’s visa or an entrepreneurial visa. However, those who wish to qualify for this visa type must meet certain characteristics and requirements and the investment must also meet certain standards. The experienced immigration attorneys of Colombo & Hurd can explain the process to prospective immigrant investors and handle all aspects of your immigration filings. Read more
Do You Qualify for an E-2 Visa? The E-2 Visa was designed to grant foreign nationals U.S. entry for the purpose of fostering business and the U.S. economy. Depending on factors like your country of nationality, the scope of your investments in U.S. enterprises, and the extent to which you control those enterprises, you could be eligible to obtain an E-2 Visa through the help of an E-2 visa attorney. In this article we’ll explain the E-2 Visa eligibility requirements, including the list of treaty countries approved by USCIS, bona fide enterprises, and substantial versus marginal investments. Read more