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] [Q] Can I enter the US on a tourist visa and start and complete an EB-5 case?

Personally, I am not a big fan of this course of action or anyone telling potential EB-5 clients to consider doing this. There are many reasons for my stance, but let me give you a few reasons. First, in all likelihood, there will not be sufficient time to accomplish your objective on a tourist visa. Second, it's not guaranteed that your I-526 will be approved. Currently, USCIS is denying or delaying adjudicating I-526s often for reasons that are not really justified under the EB-5 law. Well, let me put it this way: one can always come up with a way to deny I-526s if one wanted to. Third, it's better to not rush things by moving your family before I-526 is approved and immigrant visas are obtained.

[Q] I am currently in out of status nonimmigrant status for some time. Can I pursue EB-5 case?

You better discuss your case with an EB-5 practitioner with good knowledge of general US immigration laws. This is because while nothing prevents one from filing I-526 immigrant petition or getting I-526 approved, having been out of status or "unlawfully present" will pose big obstacles to your being able to adjust status to permanent resident via I-485 or obtaining immigrant visas via consular processing abroad.

Sample I-829 approvals obtained by our office

Many people talk about the importance of I-829 approvals: after all, who wants to obtain only conditional green cards and then get I-829s denied?

We have a history of having helped EB-5 investors and EB-5 projects achieve I-829 conditions removals. However, this success is possible only with a concerted cooperation of many parties, including EB-5 investor, the project company and other professionals. Please note that we are not saying we can guarantee I-829 approvals; no one can. But we are saying we have the experience and know-how gained from actually having gone through the often tedious work of what it takes to obtain I-829 approvals.

For a link to sample I-829 approvals and other approvals obtained by our office, go to:

[HOT] Another problem developing at a regional center?

http://www.pasadenastarnews.com/news/ci_19082691

Read the above news regarding some problem developing at one of regional centers. Not good for the RC industry. Seems like EB-5 investors' moneys were used different without their consents. However, it should be noted that most of RCs abide by the rules. Keep in mind that this is an exception rather than a rule.

[HOT] Current lull in EB-5 development news

The EB-5 practitioners are waiting for one of the following to take place:

1. Upcoming USCIS memo revising (hopefully in a good way) previous EB-5 guidance memo, especially Dec. 11, 2009 Neufeld Memo and answering or confirming some pressing EB-5 issues.

2. Implementation more procedural changes proposed -- but most of them have not been implemented, and we don't know when and if ever. At this point, there has been a lot of exciting talk but no real action, except for allowing direct email communication for I-924 regional center designation application or amendment application.

3. Making EB-5 Regional Center Program permanent before the expiration date of Sep 30, 2012.

Until one of the above occurs, there will not any big news.

[Q] How does the direct email communication with CSC work for I-924 regional center designation or amendment case?

See here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176...

Direct Email Communication with EB-5 Regional Center Applicants
Questions and Answers

Introduction
U.S. Citizenship and Immigration Services (USCIS) is implementing the first phase in a series of proposed enhancements to the EB-5 program. Beginning today, Form I-924 applicants will be able to communicate directly with USCIS adjudicators via email in an effort to streamline the process and quickly raise and resolve issues and questions that arise during the adjudication process.

[HOT] Good post on USCIS' attempt to do something about the EB-5 Program

Good post below on another perspective on the state of USCIS' ability or attitude on the EB-5 Program.

http://eb5greencard.blogspot.com/2011/09/trip-to-washington-d.html

It's a grim picture on whether the EB-5 Program will really improve.

[HOT] Proposed regs to implement special rule for a "stranded" group of EB-5 petitioners

This rule proposes requirements and procedures for special determinations on the applications and petitions of qualifying alien investors whose employment-creation immigrant petitions were approved by the former Immigration and Naturalization Service (INS) after January 1, 1995 and before August 31, 1998. This rule would implement provisions of the 21st Century Department of Justice Appropriations Authorization Act.

http://eb-5center.com/files/Special_EB-5_Regs_Amendment_2011-24619_PI.pdf

This shows you how long any rule-making process takes. I wonder what percentage of those stranded EB-5 investors are still hanging around?

2011/09/14 -- Teleconference with USCIS Director Mayorkas

During the teleconference, Director Mayorkas stated that he knows that USCIS has to confirm following issues:

1. Whether USCIS will give a due deference to states' designation of TEA certification. Many EB-5 practitioners' position is that the EB-5 law is pretty clear on this issue.

2. Whether USCIS should honor project pre-approvals issued by USCIS and where no changes have occurred with I-526 submissions. Many EB-5 practitioners believed that if I-526s submitted with pre-approvals are questioned again on project related issues, there is no purpose or reason for the pre-approval process.

3. Whether a NCE is responsible for job-creation, not individual investor. Regs are also clear on this issue.

2011/09/15 -- USCIS Stakeholders EB-5 Meeting

Presentation material of the meeting regarding USCIS' implementation of proposed changes and questions and answers. Especially troubling is page 32 which appears to imply that indirect construction jobs can count only where they last for over 2 years, which raises another issue: How the heck do you calculate how long indirect construction jobs last? Strange stuff.

[HOT] House Judiciary hearing on investor visas, including EB-5

http://judiciary.house.gov/hearings/hear_09142011.html

Enjoy. The effort to make the EB-5 permanent is on the way. We believe, at minimum, the EB-5 RC Program will be extended for 3 or 5 years; and there is a decent chance that the RC Program will be made permanent which will give an impression that the U.S. is really serious about its EB-5 Program.

[HOT] Sep 14, 2011 Conversations with USCIS Director Mayorkas -- a brief summary

Director Mayorkas has stated that USCIS has NOT yet confirmed or decided on the following issues and will decide "as soon as possible". Many EB-5 practitioners were expecting that answers to these questions would be answered by Sep 15, 2011, but it does not seem to be the case. Shucks.

1. USCIS will not question each state's TEA designation letter.

2. Job-creation requirement applies to the New Commercial Enterprise, not individual investors whose responsibility is only to invest in the NCE which will use the capital investments by the investors to create requisite jobs.

3. Pre-approval for a project is binding on USCIS examiners as long as the project documents submitted with I-526s are "identical".