Immigration Lawyer Blog

EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 or $500,000 in new or troubled businesses creating at least 10 jobs. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. This “Pilot Program” required only $500,000 of investment in exchange for permanent resident status. The investment could only be received by an economic unit defined as a Regional Center. By investing and by creating 10 jobs for US workers, an alien investor may obtain green cards for himself and his immediate family. Immigrant visas allocated to the EB-5 category is 10,000 which are highly underutilized in the past. However, the category is growing in popularity with a recent surge of 4,218 visas obtained in 2009 compared to just 1,443 visas in 2008. Most of the EB-5 visas in the past year were issued through Regional Center Pilot Programs.

There are two ways for an alien investor to obtain lawful permanent resident status under the EB-5 category: through the Basic Program or the Regional Center Pilot Program. Whereas the Basic Program requires investment in a commercial enterprise located anywhere within the US, the Regional Center Program requires investment in a regional-center-affiliated new commercial enterprise or a troubled business within a designated regional center. Also, the Basic Program requires that the alien’s investment directly create 10 new full time jobs, whereas this requirement in Regional Center Program may be satisfied by indirectly created job opportunities to the local job market due to the investment.

In both the Basic and Regional Center Programs, the alien must make a minimum investment of $1,000,000 unless the investment is made in a Targeted Employment Area (TEA). TEAs are defined as either: (1) rural areas (areas with populations of less than 20,000), or (2) areas with unemployment rates 150% or more of the national rate. If the investment is made in a TEA, a reduced $500,000 investment is allowed. In the past, TEAs have been focused on the development of rural locations. In order to prove that the proposed regional center is located in an area of high unemployment, the proposal must either submit unemployment rate data or obtain a letter from an authorized State agent certifying that the area has been designated as having a high rate of unemployment.

The individual receiving the visa is not required to actively manage the business invested in. For investors who wish to invest in a new or existing business, have an active role in the management of the operation (although simply being a Limited partner in the organization that owns the business qualifies as “AN ACTIVE ROLE.”), and have at least one million US dollars to invest ($500,000 if the business is located in certain areas deemed as Rural or with very high unemployment), then the traditional EB-5 visa is the best option. Start Up visa Act Bill was introduced in Senate on February 24, 2010 by Senators Lugar and Kerry. It is in fact a modified EB-5 Visa to create more jobs in America and it may be called as EB-6 Visa.

Mexican President Felipe Calderon is condemning the killing of an illegal immigrant by U.S. Border Patrol agents as a “truly unacceptable violation” that involved “torture.” He’s also tying it to Arizona’s immigration law, even though the incident took place on the border with California.

“A death with that degree of violence is a truly unacceptable violation,” Calderon said, according to the Associated Press. “We need to raise all our voices, not only for Mexico but for human rights, because the cause of migrants is a cause that affects us all.” He added that the Arizona immigration law “opens a Pandora’s box of the worst abuses in the history of humanity.”
A San Diego police captain told the Associated Press that Anastacio Hernandez — who was in the country illegally and was being deported to Mexico — wrestled two Border Patrol agents to the ground when his handcuffs were removed at the border crossing between San Diego and Tijuana. An agent shocked him with a stun gun and he died hours later.

Calderon, who criticized U.S. immigration policy during his visit to the White House last month, says Mexico is engaging in an “energetic protest of the torture and death of Anastacio Hernandez, a Mexican who died at the hands of North American migration authorities.”
This rhetoric can’t help his relationship with the U.S., which he depends on for cash and resources to fight the country’s costly drug war. But Calderon is a deeply unpopular president, and turning the focus to foreign policy might be a way for him to distract from domestic failures. His war on the drug cartels, which the U.S. supports financially through the Merida Initiative, has unleashed a wave of violence in the country.

A recent poll sponsored by the Mexican newspaper El Universal shows that Calderon’s approval rating remains at 41 percent. That’s unchanged since February, despite his newly aggressive stance toward the U.S. Those polled listed the country’s main problems as national security and job

Citizenship and Immigration Canada (CIC) released statistics in May 2010 showing that it continues to maintain a high rate of immigration. Canada welcomed more than half a million permanent and temporary residents last year, a figure CIC says is helping to support the economic recovery in Canada.

Canadian immigration minister Jason Kenney said “Momentum toward a full economic recovery continued throughout 2009, and immigration will continue to support that momentum. The Government of Canada is maintaining immigration levels to meet Canada’s short, medium, and long-term economic needs, help offset our aging population and low birthrate, and sustain our workforce”.

In 2009, Canada welcomed 252,124 new permanent residents, well within the target, the government had set. About 60 per cent of those new permanent residents were economic immigrants, according to the CIC.

Recent changes by the Government of India offer a visa-on-arrival facility to citizens of a select group of five countries, something that New Delhi had been extremely hesitant to do so far because of security concerns. The countries nominated are Singapore, Finland, New Zealand, Luxembourg and Japan. Tourists from these countries can also procure their visas from their home countries as usual. The tourist visa-on-arrival has a maximum validity of 30 days with a single entry facility and will initially be granted by the Immigration Officers only at Delhi, Mumbai, Chennai and Kolkata airports. The ‘two month gap’ rule between two visits applies to tourists availing of the visa-on-arrival facility.

However, the restriction of the two-month gap rule does not apply to PIO (Persons of Indian Origin) or OCI (Overseas Citizen of India) card-holders and foreigners holding business, employment, student and other categories of visas.

UK Border Agency officers found the drugs, which have a UK street value of around £1.3 million, concealed in containers of nut powder in freight bound for Sydney. The consignment had originated in central America.

The find sparked an international operation involving officers from the UK Border Agency’s Criminal and Financial Investigation unit and agents from the Australian Federal Police.

Five people have been arrested in Australia following the discovery of around 33 kilos of cocaine at Heathrow Airport, London. On Friday 28 May, five people – four US citizens and one Australian national -were arrested by AFP officers in Sydney. They now face prosecution in Australia.