New EB-5 Regulations Coming Soon

January 9, 2017 in EB-5 News, EB-5 Visa, 未分类

Last month, the Obama Administration directed the Office of Management & Budget to implement new regulations for the EB-5 program. These regulations are likely to go into effect by the end of the first quarter 2017, so investors are urged to file their EB-5 applications soon in order for the old rules to apply.

The likely changes include:

1. TEA eligibility. Which projects and locations will be eligible for the reduced investment minimum may change dramatically.

2. Investment minimums. The minimum investment amount is likely to increase from $500,000 to $800,000 in TEA locations, and from $1,000,000 to $1,200,000 elsewhere. But the big question is whether this change will take effect immediately or over time.

3. Clarification to Priority Dates. If an immigrant investor is forced to refile their application because of project changes, failures or other circumstances beyond their control, they go to the back of the line (which is getting longer by the day). We expect the new regulations to enable investors to retain their place in line under these circumstances.

Updated EB-5 Processing Times

December 15, 2016 in EB-5 News, EB-5 Visa, 未分类

The United States Citizenship & Immigration Service (USCIS) has published updated processing times for EB-5 applicants.

As of September 30, 2016, the most recent reporting period:

Time frame for I-526 applicants (this starts the EB-5 immigration and investment process) is 14.7 months, down from 16.6 months as of May 31, 2016 and 16.2 months for the quarter ending March 31, 2016.

Time frame for I-829 applicants (to remove conditions and issue green card) is 23.8 months, up from 20.1 months as of May 31, 2016 and 18.3 months for the quarter ending March 31, 2016.

We look forward to the next update and we will publish the numbers right here.

EB-5 Outlook Under President Trump

November 22, 2016 in EB-5 News, EB-5 Visa, 未分类

Experts predict that the EB-5 program will thrive under President-Elect Trump, who has a thorough understanding of real estate, finance, capital stack requirements and other elements crucial to the development side of EB-5. Critics suggest that Trump’s hard stance on immigration will not bode well for EB-5 but we believe that the President-Elect’s comments have been directed primarily toward illegal immigration, and since EB-5 is a legal immigration program it should continue unhindered in a Trump administration.

Meanwhile, we are still waiting to see whether (and in what form) Congress will reauthorize the Regional Center program.

USCIS Announces New EB-5 Fees

November 11, 2016 in EB-5 News, EB-5 Visa, 未分类

US Customs and Immigration Service (USCIS) announced a new fee structure for its services (including EB-5 processing) effective December 23, 2016.

The initial application fee (I-526) is changing from $1,500 to $3,675.

The fee to remove conditions at the end of the EB-5 process (I-829) remains unchanged at $3,750.

The biggest changes are Regional Center (RC) registration fees, which are going up from $6,230 to $17,795, and a new annual certification fee being imposed which will add $3,035 to the Regional Center cost structure. These new fees may restrict new RC applications and may even force some existing RCs out of business.

Is The Regional Center Program Dead?

October 30, 2016 in EB-5 News, EB-5 Visa, 未分类

On September 28, Congress passed a Continuing Resolution (“CR”) that funds federal agencies (including USCIS, which administers EB-5) until December 9, during which time lawmakers could negotiate the provisions of a long-term authorization.

However, a recent letter from the Congressional Research Service (“CRS”) suggests that what Congress intended may not have been sufficient to keep the EB-5 Regional Center (“RC”) program alive. RC is subject to so-called “sunset provisions” that force its expiration unless Congress explicitly reauthorizes it. The letter suggests that the CR did not explicitly reauthorize RC, despite acknowledging that this was Congress’ intent.

We will update this website as more details develop.

EB-5 Program Deadlocked Near Expiration Date

September 22, 2016 in EB-5 News, EB-5 Visa, 未分类

The EB-5 Regional Center program is facing expiration on September 30, and, as usual, Congress can’t come to an agreement.

Interested parties will recall that this is the same predicament we faced exactly a year ago. Meanwhile, a bill introduced earlier this month in the House of Representatives would reserve 40% of the available EB-5 visas for low-income and rural areas.

We’ll update this website as the deadline approaches.

Updated EB-5 Processing Times

July 24, 2016 in EB-5 News, EB-5 Visa

The United States Citizenship & Immigration Service (USCIS) has published updated processing times for EB-5 applicants.

As of May 31, 2016, the most recent reporting period:

Time frame for I-526 applicants (this starts the EB-5 immigration and investment process) is 16.6 months, up from 16.2 months as of March 31, 2016 and 16 months for the quarter ending December 31, 2015.

Time frame for I-829 applicants (to remove conditions and issue green card) is 20.1 months, up from 18.3 months as of March 31, 2016 and 16.2 months for the quarter ending December 31, 2015.

We look forward to the next update and we will publish the numbers right here.