US Customs & Border Protection

Green Card Validity Extended for Conditional Permanent Residents with a Pending Form I-829 or I-1751

By Zeenat Phophalia

The United States Citizenship & Immigration Services announced on January 23 that it is extending the validity of Permanent Resident Cards (Green Cards) for 48 months beyond the card’s expiration date.  This applies to those individuals who have a properly filed and pending Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status).

This extension change applied on January 11 for Form I-829 and took effect on January 25, for Form I-751 and has been made by USCIS to accommodate the increasing processing times of these cases.

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card to 48 months beyond expiry and will issue new receipt notices to eligible green card holders who previously received notices with an extension shorter than 48 months and whose cases are still pending. These receipt notices along with the expired Green card will serve as evidence of continued status while the I-751 or I-829 remains under processing.

Conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the United States.

Form I-829 relates to the EB5 Immigrant Investor Visa Program. The EB5 visa offers a route to a Green Card (US permanent residency) by investment. The minimum investment is $800,000, which must come from acceptable sources of funds and must create ten jobs. A qualifying family unit is permitted to apply together under a single investment.

Contact us for more information.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Investor Visa Application Price Increase

USCIS Changes EB-5 Investor Visa Application Form for Regional Center Applicants

USCIS has introduced a new EB-5 application form specifically for EB-5 Regional Center Applicants – henceforth to be known as Form I-526E.

The US Citizenship & Immigration Services (USCIS) today issued a new EB-5 Investor Visa application form for Regional Center applicants – the I-526E Immigrant Petition by Regional Center Investor. Until now, both Regional Center and Direct EB-5 Visa applicants used the same form I-526 Immigrant Petition by Alien Entrepreneur. A revised Direct EB-5 application form is expected soon.

Applicants are advised to work with a licensed US attorney when preparing an EB-5 application. The attorney will ensure that you are using the correct form and can assist with documenting acceptable sources of funds. This will avoid any necessary delays or denials caused by administrative errors or inadmissible Sources of Funds. At Davies & Associates we have helped hundreds of families successfully move to the United States, and no client who has followed our advice has been denied an EB-5 Visa.

The I-526E, being focused on Regional Center EB-5, inevitably contains sections requiring more information of an EB-5 Visa applicant’s chosen Regional Center project. There are also additional questions about the investor, for example their net worth, that will likely also feature in any new Direct EB-5 application form.

Investors who have already submitted an I-526 for a Regional Center project and are awaiting adjudication need take no further action. USCIS does not require these applicants to re-submit an I-526E, but rather will adjudicate on the basis of an I-526.

However, any new applicants must use the new form. Failure to do so will result in the application being rejected. In such an instance, the applicant would need to refile, which means losing their position in the EB-5 processing queue at a time when demand is rising quickly. This can have a particularly serious impact on investors from countries in or near retrogression. We advise you to work with an experienced attorney to avoid unnecessary mistakes and delays.

The EB-5 Immigrant Investor Visa Program is US permanent residency (Green Card) by Investment. The minimum investment requirement is $800,000 and this must create ten jobs. Each member of a qualifying family unit can obtain permanent residency through a single investment, but parents should plan carefully to avoid their children “ageing out” and requiring their own separate application.

Read more about EB-5 Visas.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


EB5 Immigrant Investor Visa

Preparing for the Return of the EB-5 Investor Regional Center Program

We are anticipating the potential return of the EB-5 Visa Regional Center program at the end of September. It has been suspended since the end of June when the program lapsed. Congress was unable to agree to a reform and reauthorization bill. So the expectation is that it may be rolled back into the consolidated spending bill due by September 30.

The EB-5 visa program had been deliberately separated from this must-pass spending legislation last year in the hope that Congress would grapple with long-needed reform. For example, the need to bring more integrity to the EB-5 program and stamp out fraud.

If EB-5 visas are rolled back into the appropriations legislation in September, then it is likely to reopen with a minimum investment level of $500,000. This is down from $900,000 – the minimum investment level from November 2019 to June 2021. The price was pulled back down when a federal court rule that the November increase was unlawful.

There is support in Congress for putting the minimum EB-5 investment level back up – perhaps not as high as $900,000 but maybe to something in the $700,000 – $750,000. There is also interest in bringing the upper investment level (those outside of Targeted Employment Areas) down. The differential between TEA investments and non-TEA investments had been 100% (minimum investment outside a TEA is currently $1 million down from $1.8 million). This is one of the reasons Congress struggled to agree a reform proposal before the June 30 deadline.

Davies & Associates is holding a webinar on this very subject today with CMB Regional Centers in person in their Dallas office. Mark Davies, our global chairman, will be joined by Matt Hogan, VP Project Developments at CMB.

Topics will include

1. What is the latest news on the EB-5 Regional Center Program?
2. When will the EB-5 Regional Center Program be reauthorized?
3. Will the EB-5 Regional Center Program return at $500,000?
4. Will the investment threshold be going back up to $900,000?
5. Has this period where the Regional Center program has not been active for been good or bad for the program?
6. Do you think there will be a strong demand again for EB-5 if the Regional Center Program is continued at $500k?

Join us today or hang on for the recording in a subsequent webinar.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


EB-5 Investor Visa

How does Sunset of EB-5 Regional Center Program Affect New & Existing Investors?

The EB-5 Regional Center Program expired at midnight last night. We expect this to be a temporary lapse as Congress negotiates how to reform the program.

What does this mean for EB-5 investors in the Regional Center Program?

It depends where you are in the process…

1. Anyone applying for EB-5 through Regional Center Program from today:

Your application will be rejected

2. Anyone who has filed form I-526 prior to the deadline but not yet received an adjudication:

Your application will not be rejected, but USCIS will not work on your case until further notice

3. Anyone who has filed an I-526 prior to the deadline and has received written correspondence (such as a Request for Evidence):

You must respond to written correspondence (if required) by the given deadline, but USCIS will not review your response until further notice.

4. Anyone filing form I-485:

USCIS initially said you could file new I-485s but it would not be processing any new or existing I-485s. It later revised its position to say it would REJECT all I-485s until further notice.

5. Anyone on a Conditional Green Card filing form I-829:

USCIS will continue to accept and process all I-829s 

Direct EB-5

The above only relates to the EB-5 Regional Center program. Anyone on Direct EB-5 is unaffected. Direct EB-5 is permanently authorized. USCIS continues to accept and process new and pending Direct EB-5 petitions.

The minimum investment level for Direct EB-5 remains at the reduced level of $500,000. We anticipate a small window before a higher investment level is reinstated.   

Stay tuned for more from Davies & Associates about Direct EB-5 in the coming days.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


EB5 Investor Visa Webinar by Experts

The Future of EB-5 Investor Visa: Webinar Recording

Last Friday we hosted a webinar on the EB-5 Immigration Investor Visa at a crucial time in the program’s history. The Webinar, titled “The Future of EB-5” featured key experts from the industry weighing in on the outlook for the program.

The EB-5 Investor Visa Regional Center Program is facing reauthorization before the end of June – this just refers to investments through the Regional Center program, Direct EB-5 (where the applicant makes and manages the investment themselves) is unaffected.

Watch our panelists debate the probability of reauthorization and the possibility of a temporary lapse if Congress cannot pass legislation in time. They detail the reform proposals in the EB-5 Reform and Integrity Act in the Senate, as well the potential need to compromise with a rival bill.

Also discussed is the possibility of the investment amount lowering from USD 900,000 to USD 500,000 because of a lawsuit currently working its way through the California courts. The premise is that the 2019 price increase was illegal because Trump’s Department for Homeland Security DHS chief was improperly appointed.


The expert panel also answer a range of questions from more than 100 people who participated.

Webinar: Future of EB5

Webinar FEATURING

Kurt Reuss- Founder, EB5 Marketplace

Matt Hogan – Vice President of Project Development, CMB Regional Centers

Asif Chhipa- Managing Director – India, Pakistan, Middle East, First Pathway Partners

AND

Mark I. Davies- Global Chairman, Davies & Associates


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Eb-5 Visa Investment Level Increase

EB-5 Investor Visa for Graduating Students

Although studying and working in America is a dream that many parents have for their children, the pathway to achieving this has never looked more challenging. There is, however, one route that removes all the hurdles at a single stroke: the EB-5 Investor Visa.

Fast Route to a Green Card

The EB-5 visa is one of the fastest routes to a Green Card (US permanent residency). A green card removes the need for students to jump through the hoops of F-1 student visas, Optional Practical Training (OPT), and the much-maligned H-1B visa. 

Permanent residency allows your children complete freedom to study or work anywhere in the United States and gives them time to find suitable employment. They may even qualify for in-state tuition fee rates.

OPT and the H-1B visa binds a student to a particular employer putting them in a weaker negotiating position when it comes to monetary compensation and benefits. It is harder to move jobs or, therefore, to leverage another offer to extract more concessions or a promotion. 

The EB-5 visa dispenses with these issues as your child’s presence in the US is not directly tied to their employment and there is no obligation to find a job or leave the country; it provides time to find a position with the best prospects for the future.

EB-5 Requirements

The EB-5 visa requires a minimum $900,000 investment. A whole family can receive green cards from a single investment, provided the children are under the age of 21. 

The US authorities apply a slightly complex calculation around the age of children. Their age freezes at specific points of the application process and then unfreezes at other stages, which gives rise to the slightly strange situation wherein their actual age may be different than their age in the eyes of US Citizenship and Immigration Services (USCIS). 

It is best to discuss this with an immigration attorney since long-term forward planning is always recommended. There is a maximum of just over 700 visas available to each country each year, which means that countries face a waiting list if this number is exceeded. This could cause delays and push a child over the age of 21. If this happens, the child would require an EB-5 investment separate from the rest of the family.

EB-5 Visa Source of Funds Requirements

The money used to fund the EB-5 investment must come from acceptable sources, and the USCIS requires you to document and explain the source of your funds. Source of funds can be Sale of property, investments, gifts, etc. This can be a time consuming process depending on the complexity of the movement of funds and therefore, planning before your child reaches 21 years is vital if you intend to file a family application. Proper planning is advised for all remittances.

The EB-5 investment must be made in a new commercial enterprise and must create ten (10) jobs. Failure to comply could put the Green Card at risk. So, while there are few takers who decide to make and manage the investment themselves via Direct EB5 route, most people choose to invest with a government-approved Regional Center. 

There are many Regional Centers of varying quality; hence it is crucial to conduct due diligence on the Regional Center and its project to reduce any risks to the return of your $900,000 investment. 

EB-5 may just be the ultimate graduation present for your child, however it would be too late if you start intend to move forward with it just before graduation. Even though the process may take considerable time, the rewards of working in the US without hindrance are very enticing for any student or their parents.

By Girish Mohile, Connect with Girish.

EB-5 Process & Timeline

EB5 Process
Details of the Process & Timeline for an EB-5 Visa Application

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Investor Visa Application Price Increase

Lawsuit Seeks to Reverse 2019 EB-5 Investor Visa Price Increase

A lawsuit filed by an EB-5 Regional Center is taking aim at the November 2019 price hike for the EB-5 Investor Visa. If successful, the minimum investment amount for EB-5 would almost halve back to $500,000 in a Targeted Employment Area. A federal judge in California has indicated she may be willing to reverse the Trump-Era changes to the EB-5 program rules after a lawsuit filed by Behring Regional Center.

If successful, any changes would likely be short-lived. The EB-5 Regional Center Program is set to expire at the end of June and a reform and reauthorization proposal has started working its way through Congress could set the $900,000 minimum investment level in stone.

The minimum investment requirement for the EB-5 Investor Visa to $900,000 in November 2019 to take account of inflation since the program’s inception in the 1990s. The $900,000 amount relates to investments in a Targeted Employment Area (TEA) – areas with relatively high unemployment. Outside of TEAs the minimum investment requirement rose from $1 million to $1.8 million. The November-2019 rule change also centralised decision making around what constitutes a TEA, transferring authority for this to the Department for Homeland Security.

The rule changes had a significant impact on EB-5 uptake with a sharp drop-off after November 2019. This was partly due to so many people rushing to apply, exhausting pent up demand. Covid slowed the recovery, but green shoots have been emerging as the pandemic recedes. Long term reform and reauthorization in June will provide much-needed certainty and confidence to future investors.

This federal court case could change calculations for some investors. If the price temporarily drops to $500,000 it could cause a massive rush to file EB-5 applications. The application process requires careful documentation of the source of funds used for the EB-5 investment. This can take time to prepare, so anyone considering an application or monitoring this court case for a drop in the investment level should contact us immediately.

The court case comes at a time of brief uncertainty for the EB-5 Investor Visa Program. With reauthorization of the Regional Center Program required before the it expires in June, would-be investors need to weigh their options carefully.

On the one hand, you could tie up your capital under uncertain conditions to pursue the EB-5 Regional Center in case it ends forever in June. Or on the other hand, you could wait until there is certainty in the second half of 2021, but know that the price of that certainty could mean the EB-5 route is closed to you forever. The risk is up to the client, but it is worth talking through your options with an immigration attorney.

The likelihood is that the program will be renewed. The EB-5 Investor Visa brings in millions of dollars in investment and creates hundreds of thousands of jobs all across America at no cost to the taxpayer. It played a valuable role in America’s recovery from the 2008 financial crisis and could do something similar as the US economy recovers from Covid.

Anyone who has already applied for an EB-5 Visa but is waiting an adjudication may wish to file a writ of mandamus in federal court ahead of the June 2021 expiry date. Usually applicants should wait at least two years before resorting to legal action against the United States Citizenship & Immigration Services (USCIS), but the June expiration may change this. Contact us to discuss your specific circumstances.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Behring Regional Center