Please join Kate Kalmykov, co-chair of GT’s Global Immigration & Compliance Practice, for an upcoming webinar Feb. 7, 2024, at 2 p.m. EST. 

Kate will be joined by immigration attorney Rohit Kapuria and EB5AN managing partners Sam Silverman and Mike Schoenfeld, who will discuss best practices for making a partial EB-5 investment of…

Please join Greenberg Traurig attorneys Jennifer Hermansky, Natalie Gorelishvili, and Luna Ma on Jan. 30, 2024, for a discussion on strategies for preparing the EB-5 source of funds for new I-526E cases and for responding to challenging requests for evidence on the source and path of funds. Additionally, the team will talk…

On March 11, 2022, Congress passed the “EB-5 Reform and Integrity Act” as part of the Omnibus spending bill. See blog post here. On April 11, 2022, USCIS posted an interpretation of the legislation that would nullify all 600-plus designated regional centers and require all entities to be re-designated in order to be authorized…

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 petition was filed with USCIS. Today, USCIS announced that it would change this policy and decide EB-5 Petitions using the “visa availability” approach.

What is the “Visa Availability” approach?

The “visa availability” approach outlined by USCIS would prioritize EB-5 Petitions for adjudication based on whether a visa number is available to the investor. This ties the timing of the decision on the EB-5 petition to whether the investor is subject to visa retrogression based on their country of birth. As a reminder, the employment-based fifth preference category “EB-5” is allotted approximately 10,000 immigrant visas annually. This quota includes principal applicants, as well as spouses and dependent children under 21 years of age. No one country can exceed more than seven percent of the total EB-5 visas available in each fiscal year.Continue Reading USCIS Announces Significant Change to EB-5 Adjudications Processing

USCIS issued a policy alert on May 16, 2018, to announce that it will revise its policy guidance in the USCIS Policy Manual.  The changes will be effective as of May 15, 2018.  The policy guidance reverses the previous stance on the tenant occupancy economic methodology.  The new policy guidance does not consider the tenant-occupancy…