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Improving Conditions in EB-5 Visa Processing

Chris Gafner — Thu, 08 Sep 2011 11:53:39 +0000

The USCIS has been taking progressive steps to improve the adjudication of EB-5 investor visas. Most recently, USCIS made two such announcements:

EB-5 Premium Processing:

USCIS announced that it will soon start accepting EB-5 visa applications through premium processing. Through premium processing, an applicant can get a response within fifteen days of submitting an application. However, to be premium processed, a fee of $1225 must be paid.

Two-way Email Communication With Adjudicators

USCIS also announced that it will soon grant the ability of Eb-5 applicants to communicate with adjudicators through email. This is an unique situation, as it is not normally possible to communicate with adjudicators. How meaningful the communication will be is yet to be known.

Latest EB-5 Visa Statistics

Chris Gafner — Wed, 13 Jul 2011 12:45:03 +0000

The USCIS has announced the following statistics concerning the EB-5 visa for investors. The EB-5 visa is a permanent investor visa that allows an applicant and his or her immediate family to gain permanent residency through the investment of between $500,000 and $1 million. This investor visa offers two unique processes to gain the status – either through an individual EB-5 visa or a regional center EB-5 visa.

A vast majority (over 90%) of applicants seek to obtain permanent residency through a regional center.

Current Regional Center Stats as of 6/30/2011

# of Active Regional Centers	147
# of Pending Initial RC Proposals	83
# of Pending RC Amendments	9

Stats on Initial Regional Center Proposal Filings

	FY 2010(Oct 2009 – Sept 2010)	FY 2011 Q1 & Q2(Oct 2010 – Mar 2011)
# of Initial RC Proposal Filings	110	146
# of Amended RC Proposal Filings	42	55
% of Initial RC Proposals Denied	45%	31%
% of RC Amendments Denied	29%	22%

Statistics I-526 and I-829 Petitions

	# of I-526 Received	# of I-526 Approvals	% of I-526 Approved
FY11 Q1 & Q2	1601	407	81%
FY10	1955	1369	89%
FY09	1028	1262	86%
FY08	1257	640	84%
FY07	776	473	76%
FY06	486	336	73%
FY05	332	179	53%

	# of I-829 Received	# of I-829 Approvals	% of I-829 Approved
FY11 Q1 & Q2	1150	166	86%
FY10	768	274	83%
FY09	437	347	86%
FY08	390	159	70%
FY07	194	111	69%
FY06	89	106	64%
FY05	37	184	62%

EB-5 Visa Statistics

	Total EB-5 Visas Issued
FY11 Q1 & Q2	2,129*
FY10	1,885
FY09	4,218
FY08	1,360
FY07	806
FY06	744

EB-5 Regional Centers and Indirect Job Creation

Chris Gafner — Mon, 07 Feb 2011 11:30:12 +0000

The EB-5 regional center program is the heavy lifter of the EB-5 visa category. Approximately 90% of all EB-5 visas that are issued each year are through an EB-5 regional center. One reason for this disparity is the view that regional centers require less commitment and concentration by the EB-5 visa holder. Additionally, the evidence required to obtain permanent residency through the EB-5 Visa is slightly different. For example, an individual EB-5 visa petitioner must show that the investment created ten U.S. worker positions. By contrast, a petitioner through an EB-5 regional center must show that the regional center indirectly created ten U.S. worker positions.

What is an indirectly created position? As a general matter, an indirectly created position is a position that is not necessarily employed by the EB-5 investment company. A more detailed explanation of whether a certain position would count requires an individualized analysis by an EB-5 visa lawyer. The term is constantly evolving. For example, until recently it was the immigration agency’s position that an indirectly created position had to be within a specified geographic area. However, after a Congressional inquiry and a reevaluation of the EB-5 statute and regulations, the immigration agency concluded that an indirectly created position need not be within a specific geographic area.

Many other restrictions and nuances exist. If you are contemplating immigration to the United States through an EB-5 visa, retain an EB-5 visa lawyer.

Are All EB-5 Regional Centers the Same?

Chris Gafner — Thu, 09 Dec 2010 10:37:59 +0000

During the last few years, one of the biggest growth areas in Immigration law has been the expansion of EB-5 regional centers. A regional center is an entity that has been designated by the USCIS immigration agency. The designation means that the regional center can solicit investments from foreign nationals who seek to obtain permanent residency in the United States through the EB-5 Visa.

However, just because a regional center has been designated by the USCIS doesn’t mean that investing in a regional center will automatically result in an applicant receiving permanent residency. Not all regional centers are the same – and would-be investors should take great care in choosing a regional center.

In determining which regional center to choose, an immigrant investor should look at the regional center’s financial possibilities and immigration likelihood.

Financial Possibilities: An investment in an EB-5 regional center must be completely “at risk.” It is not possible to obtain an EB-5 visa without putting your money at risk. However, each regional center brings different financial risks with it. As an investor, you must decide whether a regional center will be capable of giving you a return in your investment.

Immigration Likelihood: Investing in an EB-5 regional center does not always result in immigration permanent residency. To obtain permanent residency through the EB-5 regional center scheme, it is necessary for the regional center’s project to be initiated – and for it to create the number of American jobs that it is suppose to create. For example, if an immigrant investor invests in a regional center that is putting together a 100 million dollar investment project – but the project never gets started – then the immigrant investor will probably not be able to demonstrate that the investment created the required number of jobs.

Not all EB-5 regional centers have resulted in investors receiving even initial designation as permanent residents. Additionally, many other regional centers have not resulted in investors receiving permanent residency through the I-829 approval. That means that some immigrant investors have invested in a regional center, been invested for at least two years, and then discover that they are not eligible to gain permanent residency through the regional center.

If you are thinking of becoming an immigrant investor through a regional center, it is imperative that you align yourself with an attorney who is capable of helping you determine which regional center offers the best possibility of you having immigrant success.

EB-5 Visa For Immigrants Has Change of Address

Chris Gafner — Tue, 24 Aug 2010 10:42:06 +0000

The USCIS has recently announced a change of address for the I-526 form. This form is used by EB-5 Visa Investors who are applying for a green card through the EB-5 immigrant investor category.

The change of address is meant to streamline the processing of the applications. Additionally, the new address will allow for the immigration agency to provide applicants and attorneys the ability to be notified by email or text message when the application is received.

The new address for the I-526 form for immigrant investors is:

For U.S. Postal Service:

USCIS
P.O. Box 660168
Dallas, TX 75266

For Express mail or courier deliveries:

USCIS
Attn: I-526
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067

If you would like to learn more about the process for obtaining an EB-5 investor immigrant green card, please contact Gafner Law Firm.

Recent AAO Decision Denys EB-5 Applicant’s Removal of Conditions

Chris Gafner — Mon, 21 Jun 2010 10:16:15 +0000

The Administrative Appeals Office (AAO) recently upheld the Immigration Agency’s denial of an EB-5 Applicant’s Removal of Conditions. The reason for the denial was the applicants investment of his money in a project that was not approved by the USCIS.

As way of background, the EB-5 visa provides immigrant status to foreign national investors who agree to invest between $500,000 and $1 million dollars into a business within the United States. The investment can be an organization in which the applicant can have an active role in, or it can be in a regional center – where the applicant need not have an active role. The USCIS requires that EB-5 applicants apply for the removal of the conditions to their Green Card two years after receiving it. This step is done to ensure that the investment is ongoing and that the investor truly invested into the United States.

Unfortunately, in this case, the EB-5 visa recipient failed to invest his money into the approved regional center with which he applied for his Green Card with. Instead, the Eb-5 investor determined that he would invest his money in a different company than the one that USCIS approved. Because of his change in investment, the USCIS and the AAO determined that the EB-5 investor had failed to maintain the level of investment that was needed in the approved regional center. Because of that failure, the EB-5 investor has lost his green card and will probably have to apply again if he seeks to obtain lawful permanent residency in the United States.

NPR Looks At EB-5

Chris Gafner — Thu, 11 Mar 2010 11:06:08 +0000

National Public Radio (NPR) recently did a story on the EB-5 visa and how it is helping America’s economic growth. The EB-5 visa allows for a foreign national to obtain a permanent green card if he or she invests one million dollars (or $500,000 in certain circumstances) into a company that will employ at least 10 full time employees.

To listen to the broadcast, please check out the NPR website.

EB-5 Investor Visa Center List

Chris Gafner — Wed, 30 Dec 2009 13:38:29 +0000

The closest thing the United States has to a “job-creating” visa is the EB-5 investor visa. The EB-5 visa allows for foreign nationals to enter the United States and obtain lawful permanent residency in return for investing one million dollars ($500,000 in certain circumstances) in a newly formed American company. Additionally, the Eb-5 visa requires that the investment will result in the creation (or retention) of at least ten American jobs.

Multiple organizations offer potential EB-5 investors with numerous opportunities to invest in the United States and this hyperlink provides information about many of these opportunities. If you are interested in becoming an EB-5 investor, and would like assistance determining how and where to invest, please contact Gafner Law Firm.

Conrad 30, EB-5, & E-Verify Extended Through Sept. 2012

Chris Gafner — Tue, 01 Dec 2009 12:39:40 +0000

Attached to the recently passed Department of Homeland Security (DHS) Appropriations Act of 2010, the Conrad State 30, EB-5, and E-verify programs have been extended through September 2012. These three programs are technically “temporary” programs that need to be reaffirmed every couple of years. In reality, these three programs have been continuously reaffirmed for years and few people doubt that they will be canceled in the future.

by stethoscope

The Conrad State 30 program allows for each state to sponsor 30 foreign national medical physicians to work in the United States without having to fulfill the J-1 two-year home residency requirement. In return, the foreign national physicians agree to work in certain underprivileged areas and medically under-served populations. These positions are often in areas where very few, if any, other physicians provide medical coverage.

The EB-5 investor program allows for foreign national investors to invest in the United States in exchange for obtaining permanent residency. This program often involves an investment of over one million dollars and requires the investment to create or save ten American workers.

The e-verify program is used by numerous companies to ensure that their workers are authorized to work in the United States.