미국 투자이민 분야에 15년 이상 경력을 가진 한국말을 구사하는 미국변호사와 상담을 원하십니까? 미국 투자이민 프로그램은 법과 규정을 떠나서 빠르게 변경될 수 있는 미이민국 (USCIS 와 California Service Center) 내부 정책과 미국 투자이민 industry 의 움직임을 잘 파악해야 하는 분야입니다. 이 분야에 경험이 많은 미국 투자이민 전문변호사와 상담을 하고 싶으신 분은 위 "투자이민법 상담" 을 클릭하신 후 상담 신청을 하시면 됩니다. 본인 성함, 연락처와 현거주 도시를 알려주시고, 상담 내용을 간단히 적어주시면 됩니다. 한국에 계셔도 미국 투자이민법만 다루는 미국변호사와 상담이 가능합니다.


[HOT] Reauthorizing the EB-5 Regional Center Program Senate Judiciary Committee Hearing

It's good to know that this kind of hearing is being held now. The EB-5 RC Program should not be just reauthorized but be made permanent if the Congress is serious about attracting EB-5 investments.

http://www.judiciary.senate.gov/hearings/hearing.cfm?id=9b6937d5e931a0b7...

Witnesses' Statements:

By Robert Devine: http://eb-5center.com/files/11-12-7DivineTestimony.pdf

By David North: http://eb-5center.com/files/11-12-7NorthTestimony.pdf

By William Stenger: http://eb-5center.com/files/11-12-7StengerTestimony.pdf

“Reauthorizing the EB-5 Regional Center Program: Promoting Job Creation and Economic Development in American Communities”

Senate Judiciary Committee
Full Committee

DATE: December 7, 2011
TIME: 10:00 AM
ROOM: Dirksen 226

Change of Address Procedure & Info for Attorneys and Applicants

For research purpose only. November 2011 info provided by USCIS. Change of address Attorney.

2011/11/09 -- Revised Master Policy Guidance Memo (Draft)

See below.

http://eb-5center.com/files/Final%20DRAFT%20EB-5%20PM_0.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7...

An important but very general "overarching" master guidance memo for review and comments. Definitely more business friendly and more flexible, but it all depends on how CSC will apply this revised memo. At the same time, the language is too general on many issues, and hopefully will get specific enough to be practically useful.

Some issues that jump out:

1. Material change. USCIS changed its position and is actually saying what we have been saying all along.

[HOT] When and how NTA will be issued in case of I-829 denial

A policy guidance was issued by USCIS in November 2011 governing NTAs.

http://eb-5center.com/files/NTA%20PM_11-7-11.pdf

Note according to the new Policy Guidance, NTA will be issued for I-829 denials. I wonder if USCIS will exercise its discretion in I-829 denied cases?

[HOT] Another Regional Center EB-5 Program in Missouri in trouble?

Another Regional Center EB-5 Program in Missouri in trouble? See below newspaper article.

http://www.columbiatribune.com/news/2011/nov/02/lawyer-says-mamtek-failu...

With the exponential increase in the number of regional centers, it's just a matter of time before more regional centers and/or their EB-5 projects encounter problems.

[HOT] A revised broad USCIS EB-5 policy guidance memo posted

This proposed revised policy guidance memo -- referred to as an "overarching" memo by Director Mayorkas -- reiterates for the most part what the EB-5 statutes and regs already say. This is an overarching memo in that it should be taken as a broad plan for a house of EB-5 whose individual rooms will be filled in, but general strokes will remain the same. In other words, individual rooms will be built through additional rounds of comments but the approximate boundaries have been drawn.

http://eb-5center.com/files/Final%20DRAFT%20EB-5%20PM.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7...

[Q] Can unsecured loans be used as EB-5 investment funds?

[Q] I have a question regarding funding source that can also contribute to your website: Can a 200K unsecured personal loan from a family member and a 300K unsecured personal loan made by a recognized financial institution be used as my personal funding source for a EB5 business?

The answer to your question lies in the definition of "capital". The definition of allowable "capital" does not allow unsecured loan to be used as EB-5 investment funds. Any loan used must be indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.

[HOT] Government and stakeholders need to work together to find solutions to create jobs!

We are all for the U.S. government (through its agencies) and stakeholders working together to find solutions to create more jobs. What took them so long?

http://www.whitehouse.gov/blog/2011/10/21/government-and-stakeholders-wo...

Hopefully, this talk leads to fruitful actions and changes.

[HOT] [Q] Where in your website can I obtain an overview of the EB-5 law and Program?

Go to: http://eb-5center.com/overview for an overview. You should always read this section before getting into more detailed info.

[HOT] Residence visas for buying a house?

Another bill which has very little chance of passing, but we are posting this for those curious.

http://eb-5center.com/files/Schumer%20Lee%20bill.pdf

Note that his bill would NOT grant a green card for buying a house; just a three-year temporary X visa. Nor would it allow the person to work in the US. They would also have to live at least 180 days a year in the US.

http://online.wsj.com/article/SB1000142405297020375260457664142144946096...

Heck, if this bill passes, no one will pursue the current EB-5 Program. For the record, we are not against this bill; we just think it has no chance of passing.

[HOT] [Q] How long does CSC take to decide I-526 petitions?

Everyone is right and wrong on this one, simply because it's unpredictable how long CSC will take to decide I-526 cases, even when there has been a pre-approval on the project. Many EB-5 practitioners have a valid point in asking what is the point of the "pre-approval" if one cannot rely on the pre-approved project.

Based on our experience and other EB-5 practitioners, I-526s adjudication time frames range from 1 month to over 14 months: that's correct, 14 months after the submission. Of course, when a RFE is issued, it will delay the adjudication. However, even after RFE response has been submitted, CSC can take anywhere ranging from one month to 7 months from the time of RFE submissions.

[Q] How does USCIS interpret "rural area"?

[Q] Client wants to start new business in a city that has under 20,000 residents, but that city is a part of a Metropolitan Statistical Area. Could this qualify for a $500,000 investment because it qualifies as a "rural area", or does he need to invest $1 million?

Practically speaking, this is how USCIS defines "rural".

The immigration regulations define "rural" as "any area NOT within EITHER a metropolitan statistical area (as designated by the Office of Management and Budget) OR the outer boundary of any city or town having a population of 20,000 or more."

[HOT] Why many EB-5 practitioners disagree with a slew of writers who allege that the EB-5 Program is selling US citizenships in exchange for investment

Recently and in the past, there have been many articles written by people who take the position that they do not like the EB-5 Program because it is tantamount to the U.S. government selling US citizenships in exchange for EB-5 investments from foreigners. Here are specific and detailed reasons why many EB-5 practitioners strongly disagree with the often-stated reasons against the EB-5 Program.

[HOT] An article written by a former USCIS adjudicator involved in EB-5 Program

An article on USCIS EB-5 policy from a former USCIS adjudicator, Joseph P. Whalen, who was involved in adjudicating EB-5 cases. Seems like said writer actually agrees with what we have been saying all along in this website. We know Mr.