Articles Posted in EB5 Visas

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the August 2021 Visa Bulletin and goes over Charlie Oppenheim’s predictions for movement and retrogression in the family based and employment sponsored categories for August and September 2021.

Keep on watching to find out more!


Overview


What is the Visa Bulletin?


Every month, the Department of State publishes the Visa Bulletin which contains important information regarding immigrant visa availability for family based and employment sponsored preference categories. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date and preference category.

Essentially, the Visa Bulletin governs the availability of visas and outlines limitations. By statute, the government imposes an annual minimum family-sponsored preference limit of 226,000 immigrant visas (visa quota).  The worldwide level for annual employment-based preference immigrants is at least 140,000 immigrant visas.


In what order are visas issued?


Family-sponsored and employment-based preference immigrant visas are issued to eligible immigrants in the order in which a petition on behalf of each has been filed (priority date).

Spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick informs you of an exciting new court decision handed down by a federal judge from the Northern District of California. This new court decision immediately vacates the 2019 Modernization Rules passed under the Trump administration. As our readers will be aware, the 2019 Rules sought to raise the minimum investment amount for EB-5 investors from $500,000 to $900,000, narrowing the pool of applicants able to apply for a green card. The good news is that this new ruling reinstates the original rules governing the EB-5 visa program and reverts the minimum investment amount back to $500,000.

In addition to this exciting news, Jacob discusses further updates regarding immigration reform bills before Congress, pending litigation against the State Department, and more!

Want to know more? Keep on watching for all the details.


Overview


New Court Ruling Reinstates $500,000 Minimum Investment Amount for the EB-5 Immigrant Investor Program

We are happy to announce that thanks to a new landmark court decision, known as matter of Behring Regional Center LLC V. Chad Wolf et al. EB-5 Immigrant Investors will now have the opportunity to invest a minimum amount of $500,000 in an EB-5 project within a geographic area, considered a Targeted Employment Area. On June 22nd Federal Judge Corley announced in a court ruling that the 2019 Modernization Rule passed under the Trump administration would be vacated immediately, considering that the former acting DHS Secretary, Kevin McAleenan was not properly appointed to his position under the Federal Vacancies Reform Act when he implemented the 2019 Modernization Rule. As a result, Mc Aleenan did not have the authority to issue the rule, and it has now been declared invalid under the eyes of the law.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new November 2020 visa bulletin, including upcoming visa trends and predictions for family-sponsored and employment-based preference categories.

Want to know more? Keep on watching for more information


Overview

We are very excited about the new release of the November Visa Bulletin. Some exciting advancements have taken place for certain employment-based preference categories. However, visa issuance remains limited for most family-sponsored categories and at least some employment-based preference categories as discussed below.


Impact of April 22nd Presidential Proclamation

As a reminder to our readers, most family-sponsored and some employment-based preference categories remain subject to President Trump’s April 22nd presidential proclamation. This proclamation temporarily suspends the entry and issuance of visas for the following types of immigrants through December 31, 2020.

  • Spouses and children of green card holders (US citizens are not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (over 21 years of age) of US citizens applying at the consulate (children under 21 years of age of US citizens are not affected)
  • Sons and daughters (over 21 years of age) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB2 employment based (NIW is not affected) and their family applying at the consulate
  • PERM EB3 employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate

EB5 investors are not impacted by the April 22nd proclamation.

Certain applicants may still obtain immigrant visas despite enforcement of the presidential proclamation if their entry is in the national interest or if they have a legitimate emergency.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the newly released and much anticipated October 2020 visa bulletin. To hear about the availability of immigrant visa numbers for family based and employment-based preference categories for the month of October, keep on watching.


Overview

The release of the October 2020 visa bulletin has been much anticipated because the October visa bulletin kicks off the start of a brand-new fiscal year. The October visa bulletin is also important because it provides some insight into the availability of immigrant visa numbers, including visa numbers that have been unused as a result of the Coronavirus pandemic, the suspension of routine visa services at Embassies and Consulates worldwide, and the various presidential proclamations that have halted visa issuance for certain types of immigrants.

As some of you may have noticed, the October visa bulletin was released later than usual, most likely because the Department of State has been scrambling in light of Consular closures to review the data and provide accurate information regarding the number of visas available for each preference category.

Since the suspension of routine visa services at Consular posts worldwide, nearly 100,000 immigrant visa applicants have been unable to obtain their visas, creating a “rollover” of unused visa numbers for the benefit of employment-based preference categories.


Employment Based Categories – October 2020

In order to file for adjustment of status based on employment during the month of October (for applicants lawfully residing in the United States), employment-sponsored applicants must have a priority date that is earlier than the dated listed below for their preference category and country of nationality.

All applicants filing under employment-based preference categories must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2020.

Since Presidential Proclamations 10014 and 10052 have suspended the issuance of immigrant visas for most family-sponsored preference categories, we are seeing a rapid movement in the dates of most employment-based preference categories, because “unused” visas for the family-sponsored categories have shifted or “rolled over” to the employment-based categories as a result of these Proclamations.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we talk about the different investment visa options available under current law.

E-2 Non-immigrant Visa: Visa through Investment

The first option is the E-2 visa. This is a non-immigrant visa that allows foreign nationals from eligible treaty nations to invest in a new business in the United States. The required investment amount will vary depending on the type of business.

Not every country participates in the E-2 visa program. You must be a national of a treaty nation in order to qualify. For a complete list of qualifying countries please click here.

The amount of time a foreign national may remain in the United States with an E-2 visa depends on the applicant’s country of nationality. The average processing time to receive an E-2 visa is approximately 3 to 5 months. In order successfully obtain an E-2 visa, the applicant must be able to demonstrate the source of funds of the investment, hire employees to work for the business, and the business must be real and operating.

It is important to note that the E-2 visa does not lead to a green card but can be extended.

EB-5 Immigrant Visa Program: Green Card through Investment

The EB-5 Immigrant Visa Program allows you to invest half a million dollars into a regional center government approved project, or a million dollars direct investment in your own project. To qualify, your investment must create at least 10 jobs and the business must be succeeding and growing.

After November 21, 2019, the minimum investment will increase from half a million to $900,000 for investment in a regional center, and from one million to 1.8 million for direct investments.

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In this video attorney Jacob Sapochnick discusses a hot topic in immigration: how should an EB-5 investor choose a Regional Center?

In this video, Jacob Sapochnick will give you his top 5 tips for choosing a Regional Center.

First, what is a Regional Center?

An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the EB-5 Immigrant Investor Program.

Where can I find approved Regional Centers?

The USCIS website contains a list of approved EB-5 (immigrant investor) regional centers by state. Please keep in mind that although these regional centers have been approved by USCIS, you must down your own research to evaluate the regional center’s reliability and their record of success. Do not assume that because the Regional Center has been approved by USCIS that it is a Regional Center worth investing in. You must be diligent when doing your research and seek the advice of a professional when making any investment decision.

As you do your research you will see that real estate projects predominate among regional centers although some regional centers also have investment projects in other sectors.

As a rule of thumb investors should take the following factors into account when choosing a regional center:

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In this video attorney Jacob Sapochnick discusses upcoming changes to the EB-5 Immigrant Investor Program.

Under a new rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program will go into effect on Nov. 21, 2019.

The new rule modernizes the EB-5 program by:

  • Providing priority date retention to certain EB-5 investors;
  • Increasing the required minimum investment amounts to account for inflation;
  • Reforming certain targeted employment area (TEA) designations;
  • Clarifying USCIS procedures for the removal of conditions on permanent residence; and
  • Making other technical and conforming revisions.

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In this video attorney Jacob Sapochnick discusses the future of the EB-5 Visa Program.

What is the EB-5 Visa Program?

The EB-5 Visa Program is an Immigration Investor Program that was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

EB-5 Investors can obtain conditional residence if they:

  • Make the necessary investment in a commercial enterprise in the United States; and
  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
  • In general, the minimum qualifying investment in the United States is $1 million.
  • Regional Centers: Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment must be either within a high-unemployment area or rural area in the United States is $500,000.

As of September 28, 2018, Congress has extended the EB-5 visa program until December 7, 2018. This means that the program will continue to be active and investors may utilize the program just as before, at least until the end of the year. It is not yet known whether any changes will be made to the program in the future, or if the program will continue at all into the new year.

For more information about the EB-5 program please visit our website.

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In this video, attorney Jacob Sapochnick discusses the 5 main ways to obtain permanent residence in the United States. Permanent residency allows a foreign national to live and work in the United States.

0:22 – 1. Family Based Immigration

0:56 -2. Employment Based Immigration

1:48 – 3. Investment Based Immigration – EB5

2:42 – 4. Diversity Green Card Lottery

3:26 – 5. Asylum and Special Immigrant Visas

Family-Based Sponsorship

The first and most common way to obtain a green card is through family based sponsorship where an immediate US Citizen relative files a petition for you the foreign national. There are generally 2 ways for a US Citizen to petition for an intending immigrant (1) file a petition with USCIS if the intending immigrant is residing inside of the United States, and entered the United States by lawful means through a U.S. port of entry and was properly inspected upon their entry or (2) if the intending immigrant resides outside of the United States, the beneficiary will need to go through consular processing to obtain an immigrant visa at a U.S. embassy or consular post abroad.

Certain extended family members (brothers and sisters) may also petition for a foreign national, however these visas are limited and subject to a waiting period according to the Visa Bulletin.

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It is our pleasure to introduce you to our talented senior paralegal Linda Parrish. Linda Parrish is the senior paralegal for immigration and corporate matters at our law office. Altogether, she has more than 20 years experience in the legal field and brings an amazing amount of knowledge and expertise to our firm. She focuses on  company formations, E2 and L1 visas as well as PERM Green Card cases.

Linda has been working with the Law Offices of Jacob J. Sapochnick since 2005.  Linda has extensive knowledge of all aspects of immigration law, though her specialty lies in assisting investors, executives, and corporate clients to meet their immigration needs. She is also our resident Notary Public. Linda Parrish is an asset to our team for her expertise, kindness, and for the invaluable contributions she has made to our firm.

Mrs. Parrish is married, has four adult children and several grandchildren. In her spare time, she enjoys quilting and crocheting.

For read more about our team please click here.

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