The US Department of State published the December 2021 Visa Bulletin revealing some significant announcements. The non-regional center program will be current for all countries, Mainland China included. The EB-5 cut-off dates for Regional Center visa applicants is unchanged due to the lapse of the Regional Center Program.
This is the first time since the Spring of 2015, there will be no backlog in the EB-5 investor category for people born in Mainland China.”
No more backlog for direct EB-5 investors from Mainland China
Historically more than 90% of the EB-5 applications...
December’s Visa Bulletin is Current for Chinese Nationals who filed a direct investment EB-5 petition
November 17, 2021Court affirms the Department of State’s Policy to count dependents toward EB-5 visa cap
July 29, 2021The U.S. Court of Appeals for the District of Columbia Circuit has ruled that family members count toward a cap on visas. The ruling found that spouses and children of EB-5 investors must be included in the tally with the annua; 10,000 visas in the EB-5 program.
A panel of three judges dismissed the case of Chinese investors and their family members who claimed Congress intended family-member visas to be excluded in the 10,000 visas in the EB-5 program.
The D.C. Circuit affirmed that the Immigration and Nationality Act has required the State Department, since 1965, grant visa...
BREAKING NEWS: 9TH CIRCUIT FEDERAL COURT INVALIDATES ORDER INCREASING THE MINIMUM TEA INVESTMENT TO $900,000
June 23, 2021On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California (the “Court”) issued an order granting summary judgment in Plaintiff’s favor in the matter of Behring Regional Center LLC V. Chad Wolf, et al.
In summary, Plaintiff sought both (1) a declaratory judgment that the Final EB-5 Rule (changing the minimum investment amount from $500,000.00 to $900,000.00 among other changes) which went into effect on November 21, 2019, is without force and effect, as well as (2) an injunction barring Secretary Mayorkas from reinstating the Final EB-5 Rule absent compliance with the APA’s rule-making process.
The Court granted relief on the first item and issued remand with vacatur – essentially invalidating the Final EB-5 Rule. However, the Court declined to grant Plaintiff an injunction barring Secretary Mayorkas from reinstating the Final EB-5 Rule absent compliance with the Administrative Procedure Act’s (APA) rulemaking process. Therefore, the Court has set aside the Final EB-5 Rule and has remanded the matter back to the agency (Department of Homeland Security).
Although the Court did invalidate the Final EB-5 Rule, it is highly likely that Secretary Mayorkas will take action to reinstate the Final EB-5 Rule as the Court declined to grant Plaintiff an injunction barring Secretary Mayorkas from reinstating the Final EB-5 Rule absent compliance with the APA’s rule-making process.