News

USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory

February 14, 2020

 

U.S. Citizenship and Immigration Services today announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.
This new operational approach aligns with other visa-availability agency adjudications processes, is more consistent with congressional intent for the EB-5 Immigrant Investor Program, and increases fairness in the administration of the program.
“Changing our approach from a first-in, first-out adjudication process to one that prioritizes petitions connected to individuals from...

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NEW RULEMAKING BRINGS SIGNIFICANT CHANGES TO THE EB-5 INVESTOR VISA GREEN CARD PROGRAM.

July 25, 2019

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:

• raising the minimum investment amount from $1 million to $1.8 million, marking the first raise since 1990 in order to take account for inflation, as well as automatically adjusting for inflation every five years;

• new TEA designations...

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EB-5 CLASS ACTION MEMBER IDENTIFICATION NOTICE

February 13, 2019

On Nov. 30, 2018, in Zhang v. USCIS, No. 15-cv-995, the U.S. District Court for the District of Columbia certified a class that includes any individual with a Form I-526, Immigrant Petition by Alien Entrepreneur, that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets. The U.S. District Court for the District of Columbia vacated these denials and ordered USCIS to reconsider the petitions.

If you believe you have received an I-526 denial solely on this ground and would like to identify yourself as a potential...

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