Welcome back to Visalawyerblog and a very happy Thursday to all our loyal readers. In this blog post, we bring you the latest information regarding the expiration of the EB-5 Regional Center program.
What is the EB-5 Regional Center Program?
To become eligible to receive a green card (permanent residence) under the EB-5 Immigrant Investor Program, a foreign national must make either (1) a direct investment in a new commercial enterprise or (2) an investment in a Regional Center project, resulting in the creation of at least 10 jobs, during the time that the investor is granted conditional permanent residence. These are considered the two different “types” of investments under the EB-program. The amount required to be invested depends on whether the investment is “direct” or made in a Regional Center project.
Several considerations need to be taken into account by the investor when deciding which type of investment is right for them (whether “direct” or in a Regional Center). Most often “direct” investment is the most suitable option where the foreign investor wishes to open and operate his own commercial enterprise in the United States and wants to have full control over his or her investment.
The “direct” EB-5 program has three basic requirements: (1) investment in a “new commercial enterprise” (2) of at least $1,000,000 (or $500,000 if the investment is being made in a Targeted Employment Area (TEA) that is underserved) (3) that results in the creation of at least 10 new full-time jobs. Investors are also required to take an active enough role in the business having at least a policy-making position.
Welcome to the start of a new week! In this blog post we share with you some good news regarding the continuing flexibility policy being followed by the United States Citizenship and Immigration Services (USCIS) for applicants who have received a Request for Evidence, or Notice of Intent to Deny between March 1, 2020, and September 30, 2021, as well as new guidance for FY 2021 H-1B cap-subject petitioners, whose petitions were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.
USCIS RFE/NOID Flexibility Continued for Responses to Agency Requests
On June 24, 2021, USCIS announced that it will continue its flexibility policy and grant applicants who have received a request for evidence, notice of intent to deny, or such a related document, an additional 60 calendar days after the response deadline indicated on the notice or request, to submit a response to a request or notice, provided the request or notice was issued by USCIS between March 1, 2020 through September 30, 2021.
What documents qualify for this flexibility in responding?
Applicants who receive any of the below mentioned documents dated between March 1, 2020 and September 30, 2021 can take advantage of the additional 60 days to respond to the request or notice:
Federal District Judge Rules to Reinstate $500,000 Minimum Investment For the EB-5 Visa Program
In this blog post, we share with you a new landmark court decision affecting the EB-5 Immigrant Investor Visa Program, known as matter of Behring Regional Center LLC V. Chad Wolf et al.
In this case, decided on June 22, 2021, the U.S. District Court of the Northern District of California vacated the controversial 2019 ‘EB-5 Modernization Rule’ that sought to ‘modernize’ the EB-5 visa program, by increasing the minimum investment amount from $500,000 to $900,000. In her ruling, Judge Corley concluded that the 2019 Modernization Rule should be vacated because the former acting DHS Security, Kevin McAleenan was not properly appointed in his position under the Federal Vacancies Reform Act when he implemented the Regulations. Therefore, the officials had no legal authority to make and to announce the changes.
The judge’s new ruling means that the district court’s decision will restore the original rules for the EB-5 program, initially established by the Immigration Act of 1990 as a legal pathway to provide qualified foreign/immigrant investors the opportunity to obtain permanent residency in the U.S. (commonly known as the “green card”). The now-defunct EB-5 Modernization Regulations of 2019 had increased the minimum investment amount from $500,000 to $900,000, but with this new ruling the minimum investment amount has again reverted to $500,000.
Welcome back to the start of a brand-new week! We are excited to announce brand new developments in the world of immigration specifically for U visa victims of crimes.
On June 14, 2021, the United States Citizenship, and Immigration Services (USCIS) issued a new policy alert, informing U visa applicants that the agency will now be exercising its discretion to issue four year Employment Authorization Documents (EADs) (also known as work permits), as well as four-year “deferred action” status to certain U visa applicants, including those who have filed new U visa petitions, and those whose U visa petitions remain pending with USCIS, based on a new discretionary process called a “bona fide determination.”
This is a groundbreaking new development for U visa applicants because victims of crime will now be eligible to receive an Employment Authorization Document (EAD), as well as “deferred action” status, while their U visa applications remain pending with USCIS. With this new policy change, U visa applicants will no longer need to wait 5+ years for their U visa approval, in order to become eligible for an Employment Authorization Document (EAD), and be protected from deportation.
Previously, only principal U visa applicants whose petitions were approved by USCIS, were authorized to work based on their approved status with immigration. Only those with an approved Petition for U Nonimmigrant Status (Form I-918) would automatically be issued an Employment Authorization Document (EAD). All other applicants with pending petitions were forced to wait in the visa queue for a visa to become available due to the mandatory U visa cap. This process on average has taken up to 5 years.
Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for July 2021 outlining the availability of immigrant visa numbers for the upcoming month.
Remember to stay on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched with the State Department and Charlie Oppenheim to discuss Visa Bulletin projections.
NOTE: Adjustment of Status Filing Charts July 2021
For Family-Sponsored Filings:
Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for July 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.
All other family-sponsored preference categories (other than F2A) must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2021.
For Employment-Based Preference Filings:
All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for July 2021.
Welcome back to Visalawyerblog! In this blog post we share with you the latest immigration news from the United States Citizenship and Immigration Services (USCIS).
New USCIS Policies to Improve the Immigration System
We bring you some exciting news regarding new policies adopted by USCIS that have been designed to remove the barriers to immigration and help improve the current immigration system. The following are among the new changes being implemented by USCIS:
Expedited Processing
Under a newly updated expedite criteria policy, USCIS has now expanded the types of expedite criteria or circumstances under which the adjudication of a benefit request can be expedited, including where a request is made by a nonprofit organization whose request is in the furtherance of cultural and social interests of the United States.
According to the new change:
USCIS may consider an expedite request if it meets one or more of the following criteria or circumstance:
On June 4th, 2021, the interim guidance memorandum (“The Memo”) was publicly released. The reason the memo sent many, like me, into a frenzy was because of the million people currently in immigration court limbo who have just had their lives transformed by these thirteen pages.
This memo is proof the Biden Administration has set a new tone towards immigration. The memo beautifully states, “the government wins when justice is done,” reminding OPLA attorneys they should remain mindful that “immigration enforcement obligations do not consist only initiating and conduction prompt proceedings that lead to removals at any cost.” The memo provides internal direction to OPLA attorney’s regarding the following: 1. Removal Priority Cases, 2. Prosecutorial Discretion, 3. Ability to cancel NTAs, 4. Authority to Administrative closure or Continuance of Proceedings, and 5. Authority to Terminate Proceedings.
(It is important to note this memorandum was released For Official Use Only by the Department of Homeland Security. You should seek the advice and counsel of an attorney to review your case specifically.)
It is directed that OPLA attorneys prioritize agency resources in the following priority categories:
A. Noncitizens who engaged in or suspect to engage in terrorism or whose apprehension is otherwise necessary to protect the national security of the United States.
B. Noncitizens who were apprehended at the border or port of entry, while attempting to enter unlawfully into the United States after November 1, 2020.
C. Noncitizens convicted of an “aggravated felony” or convicted of an offense related to a criminal street gang and determined to pose a threat to public safety.
The memo also provides a non-exclusive list of civil immigration enforcement and removal decisions where the agency should identify any opportunities of a non-citizens process to ensure just fair and legally appropriate outcomes.
Welcome back to Visalawyerblog! We kick off the start of a brand-new week with an overview of the June 2021 Visa Bulletin. Follow along as we provide you with an overview of the State Department’s monthly Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State.
In this post, we summarize Charlie’s Visa Bulletin projections for the upcoming month of June 2021 and beyond.
We recommend our followers to subscribe to the State Department’s YouTube Channel to catch all of the details relating to the agency’s new monthly series on its YouTube channel.
This new series will feature a monthly Question-and-Answer session with Charles and a Consular officer, where they will answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. The discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.
Questions for Charlie can be emailed to VisaBulletin@state.gov ahead of the monthly session with “Chat with Charlie Question” in the subject line.
Reminder: Tomorrow, Tuesday May 25, 2021 at 1:00 p.m. ET, the Department of State will be hosting a YouTube live session relating to the visa backlog. The State Department will also be discussing how Consular sections will be prioritizing visa cases during the phased resumption of services. Make sure to subscribe to the YouTube Channel and turn your notifications on so you do not miss any of these updates.
Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for June 2021 outlining the availability of immigrant visa numbers for the upcoming month.
Don’t forget to tune in to the next “Chats with Charlie” on the DOS YouTube Channel on May 24, 2021, at 10:00 am (PT) 1:00 pm (ET) to discuss the June Visa Bulletin. Questions about the June 2021 Visa Bulletin can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line.
NOTE: Adjustment of Status Filing Charts June 2021
For Family-Sponsored Filings:
Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for June 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.
All other family-sponsored preference categories (other than F2A), must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2021.
For Employment-Based Preference Filings:
All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2021.
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