USCIS Officially Reinstates Pre-Modernization EB-5 Regulations Below is the update posted on the USCIS website in response to the court decision that vacated the EB-5 Modernization Regulation. The update is published here: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program Alert: On June 22, 2021, the U.S. District Court for the Northern District of California, in [...]
U.S. District Court Vacates EB-5 Modernization Regulations June 23, 2021 -- The lawsuit Behring Regional Center LLC v. Chad Wolf (3:20-cv-09263-JSC) was decided yesterday, June 22, 2021. The order of the United States District Court (Northern District of California) vacated the November 2019 EB-5 regulations (“Modernization Regulations”) and remanded to the U.S. Department [...]
Carolyn Lee Provides Feedback to Improved EB-5 Processing On May 3, 2021, Carolyn Lee PLLC Principal and Founder, Carolyn Lee submitted the following comments to USCIS opining on how the service may reduce administrative and other barriers and burdens within its regulations and policies, including those that prevent foreign citizens from easily obtaining [...]
DHS Announces Continuation of International Entrepreneur Parole Program Program Will Provide Opportunities for Foreign Entrepreneurs WASHINGTON—U.S. Citizenship and Immigration Services announced today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur (IE) parole program, [...]
Possible Sunset Effects on EB-5 Cases Come June 30, 2021 By Carolyn Lee This is a practical piece. I strongly support S. 831, the bill sponsored by Senators Grassley (R-IA) and Leahy (D-VT) to extend the regional center program for 5 years, introduce strong but reasonable program oversight, and grant generous investor protections [...]
EB-5 Reform and Integrity Act of 2021 Introduced March 18, 2021 Senator Chuck Grassley (R-Iowa), Ranking Member of the Senate Judiciary Committee, and Senator Patrick Leahy (D-Vt.), a senior member and former chairman of the Judiciary Committee, today introduced the EB-5 Reform and Integrity Act of 2021 (the Integrity Act). The Integrity Act brings a [...]
Observations for January 2021 Visa Bulletin China FAD is August 15, 2015, unmoved from September 2020. Note: the EB-5 regional center program was reauthorized after Visa Bulletin publication to June 30, 2021. Vietnam FAD is September 15, 2017, having advanced 2 weeks since December 2020. China DFF is December 15, 2015, unmoved from [...]
Cure for EB-5 Backlog 2021: Prioritize Adjustment of Status for Indian Investors January 2021 By Carolyn Lee If there is consensus within the EB-5 community, it is that we have too few EB-5 visas. Efforts before Congress, federal courts, and the Executive under varied theories to expand visa capacity have not [...]
Despite the many uncertainties in the Covid-19 world, one thing is certain: Hong Kongers have emigration options. Countries including the U.K., Japan, and Australia have all expressed a desire to welcome Hong Kong residents into their countries. Most notably, the U.K. has offered Hong Kong BN(O)s a path to residency and [...]
Important: USCIS Clarifies I-924A Filing Instructions – FY 2020 December 14, 2020 While the USCIS Form I-924A filing instructions here indicate that “you can use the 11/21/19” edition until January 5, 2021, there are two versions of the 11/21/19 edition circulating. USCIS will accept the correct version [...]
