Category Archives: EB-5 Program

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Update – U.S. Embassy and Consulates General in China Suspended Regular Visa Services as of Feb. 3

On Feb. 7, 2020, the official visa information website of the U.S. mission in China (http://cdn.ustraveldocs.com/cn/index.html?firstTime=No) announced that as of Feb. 3, 2020, regular visa services at the U.S. Embassy in Beijing and Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang are all suspended. The notice further states that the U.S. Embassy and Consulates in … Continue Reading

Update on Cancellation of Visa Appointments at U.S. Embassy and Consulates in China, and USCIS Response to the Coronavirus

As a follow-up to our Jan. 31 blog post, we have yet to see an official announcement from the U.S. Embassy & Consulates in China regarding visa appointment cancellations for the week of Feb. 10 or later. However, this week, we began receiving non-immigrant and immigrant visa appointment cancellations for the week of Feb. 10. Likewise, … Continue Reading

Alert – U.S. Embassy and Consulates in China Cancel Immigrant and Nonimmigrant Visa Interviews for the Week of Feb. 3 通知:美国驻华大使馆和领事馆取消2月3日一周的移民类和非移民类签证面试

On Jan. 31, the official visa information website of the U.S. mission in China posted an urgent announcement that U.S. Embassy and Consulates in China are cancelling immigrant and nonimmigrant visa appointments the week of Feb. 3. The visa information website cannot provide a specific date when routine visa services will be resumed. We expect EB-5 investors, … Continue Reading

USCIS Announces Significant Change to EB-5 Adjudications Processing

On Jan. 29, 2020, USCIS announced that it would be making a significant change to the processing of I-526 Petitions, commonly referred to as EB-5 Petitions. USCIS previously had a policy to adjudicate EB-5 Petitions on a “first-in, first-out” basis. This meant that USCIS was to review and decide EB-5 Petitions based solely on the date the … Continue Reading

Important Update on Visa Rescheduling Due to the Coronavirus

Due to the coronavirus outbreak throughout China, a number of heavily infected Chinese cities, including Wuhan, are under quarantine, whereas many other parts of China have imposed certain types of travel restrictions in an attempt to limit the spread of the virus. On Jan. 28, 2020, the U.S. Consulate General of Hong Kong & Macau … Continue Reading

President Trump Signs Appropriation Packages Extending Vital Programs Like EB-5 and Preventing a Government Shutdown

On Dec. 20, 2019, President Trump signed H.R. 1865, an eight-bill appropriations bill that extends the vital EB-5 program until Sept. 30, 2020, among other things. The president also signed H.R. 1158, a four-bill appropriations package that deals mainly with national security issues. Upon his signature,  these actions fund and maintain the operation of government … Continue Reading

Congress Releases 12-Bill Funding Package to Extend Vital Programs Such as EB-5 and to Prevent a Government Shutdown

On Dec. 16, Congressional leaders negotiated and debuted a $1.37 trillion spending package to fund the operational needs of the country and extend vital programs such as EB-5. The massive spending package is in two packages with Division 1-Extensions, Title 1, Immigration Extensions calling for the EB-5 extension: 17 SEC. 104. Section 610(b) of the … Continue Reading

EB-5 Final Rule Challenged in U.S. Federal District Court

On Nov. 26, 2019, a complaint for Injunctive Relief and a Temporary Restraining Order was filed by Florida EB-5 Investments, LLC against the Department of Homeland Security (DHS) challenging a Nov. 21, 2019, DHS-issued final rule amending its regulations for the EB-5 program to purportedly modernize the rules (EB–5 Immigrant Investor Program Modernization, 84 Fed. … Continue Reading

EB-5 Update – New Regulations to Take Effect and Regional Center Program to be Extended Through Dec. 20, 2019 

The EB-5 Regional Center Program was set to expire on Nov. 21, 2019. On Nov. 18, Congress introduced a Continuing Resolution (CR) to fund the government and extend vital programs such as EB-5 through Dec. 20, 2019. Leaders hope to use the additional time to extend current operations and complete fiscal matters and other priorities before … Continue Reading

The Department of State (DOS) December 2019 Visa Bulletin Released

In the EB-1 category, the Dates of Filing is now current for all countries of chargeability except for China and India. For November, USCIS allowed I-485 filings based on Dates of Filing rather than Final Action dates; however, EB-1 was retrogressed for all categories, allowing only certain applicants to file. USCIS has not issued the … Continue Reading

Washington EB-5 Update

As a reminder to our readers, the Obama-era EB-5 Regional Center regulations – see July post for details – go into effect Nov. 21, 2019. USCIS has published a webpage resource to help explain the implementation of the upcoming regulations here. This is a period of significant change and activity on the EB-5 program. Clients are … Continue Reading

House Introduces Continuing Resolution Funding Government, Including Vital programs Such as EB-5

On Nov. 18, Congressional Appropriation leadership introduced a 26-page Continuing Resolution (CR) to fund government and extend vital programs such as EB-5 through Dec. 20, 2019. Leaders hope to use the additional time to extend current operations and complete fiscal matters and other priorities before the holidays. In addition to the extension of time, the CR allows … Continue Reading

Comprehensive EB-5 Modernization Legislation Introduced in the U.S. Senate

Today, Senators Graham (R-SC), Rounds (R-SD) and Cornyn (R-TX) introduced the “Immigrant Investor Program Relief Act” (S. 2778, the Act) proposing long overdue improvements to modernize the EB-5 program in alignment with industry and market principles.  The Act reflects a fair compromise between rural and urban stakeholders providing substantial market advantages to rural and urban … Continue Reading

President Signs Continuing Resolution Into Law

President Trump signed the latest Continuing Resolution into law Friday night (Sept. 27) extending government operations and vital programs, such as EB-5,  through Nov. 21 – Bill Announcement Healthcare Issued on: September 27, 2019 All News On Friday, September 27, 2019, the President signed into law: H.R. 4378, the “Continuing Appropriations Act, 2020, and Health Extenders … Continue Reading

Senate Approves CR to Fund Government, Including Vital Programs Like EB-5

Today, the U.S. Senate approved the House-passed Continuing Resolution (CR; H.R. 4378 ) to fund the U.S. government through Nov. 21 by a bipartisan vote of 82-15. The last step in the process is the president’s signature which, according to media reports, remains likely.    Please contact your GT attorney with any specific questions and check … Continue Reading

House Passes Continuing Resolution to Fund Government, Including Vital Programs Such as EB-5

Yesterday, House Majority Leader Steny Hoyer (D-MD) introduced a continuing resolution (CR) to fund government from end of the current fiscal year, Sept. 30, until Nov. 21, 2019. By a vote of 301-123, the House today passed H.R. 4378, the CR that will fund the government through Nov. 21. To EB-5 advocates, this timing is significant … Continue Reading

EB-5 Regulations Summary

As previously blogged (see EB-5 Regulations Published for Public Inspection), the EB-5 regulations have been published as of July 24, 2019, as final, to take effect Nov. 21, 2019.  Below is a summary of the changes that will impact the EB-5 program: Priority Date Retention: Generally, priority date retention can be retained from an approved I-526 petition if … Continue Reading

EB-5 Regulations Published for Public Inspection

After more than two and a half years, Obama-era EB-5 immigration regulations are set to be published on July 24, 2019, with an effective date 120 days after publication or Nov. 21, 2019. See EB-5 Immigrant Investor Program Modernization. These regulations have been opposed by many industry participants, as evidenced in a letter to Congressional Leadership … Continue Reading

Immigrant Entrepreneurship: An American Success Story

On June 4, 2019, the Kenan Institute released a timely policy brief, “Immigrant Entrepreneurship: An American Success Story,” on the value of highly skilled and motivated foreign entrepreneurs to the U.S. economy. The brief states, “When looking at the founding of the United States’ largest startups…[t]he immigrant-founded startups employ an average of more than 1,200 workers … Continue Reading

OMB Releases Spring Unified Regulatory Agenda; Provides Update on EB-5 and Other Pending Regulations

Today, the Office of Management and Budget (OMB) released the bi-annual Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions.    As set forth in a Federal Register notice and using the Department of Homeland Security as an example, the Unified Agenda is explained as follows:  This regulatory agenda is a semiannual summary of projected … Continue Reading

Congress Prepares Action to Avoid Government Shutdown and Fund Vital Programs Such as EB-5

Late on Feb. 13, 2019, House and Senate Conferees on the Department of Homeland Security (DHS) Appropriations announced an agreement on DHS Appropriations for FY 2019 and the remaining six other outstanding FY 2019 Appropriations measures. The measure, HJ Res 31, or “the Omnibus,” is over 1,000 pages and deals with many areas of government, ranging … Continue Reading

Congress Passes Continuing Resolution Opening Government and Vital Programs such as EB-5 and E-Verify

As a continuation of an earlier posting, the U.S. Senate initiated a process by voice vote opening the US Government through February 15, H.J. Res 28, and providing for House and Senate consideration of Department of Homeland Security Appropriations, H. J. Res 31.   These actions will provide funding for all remaining Appropriations bills subject to … Continue Reading
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