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] I-924 Direct Email communications with CSC

If this is the only direct email communications USCIS will allow with the EB-5 adjudicating officers at CSC, we are very disappointed. Oh well, much buzz about no big deal.

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] It's a strange world of anti job creation regulations we live in

While the White House keeps on saying that cumbersome regulations must be done away to help spur job-creation, many EB-5 experts do not see USCIS changing EB-5 regulations that are hyper-technical and do not reflect the real business standards or practices. Many EB-5 practitioners would not be surprised seeing no changes from USCIS, the agency that unabashedly believes in "hyper-technical" requirements. As far as they are concerned, it's all talk and no action.

[HOT] Issues discussed by USCIS and AILA during Aug. 10th 2011 Wash DC Meeting

Check out USCIS' Aug 10th 2011 meeting summary with AILA on issues discussed. We are posting this in the News section because the summary contains only the issues USCIS discussed and nothing has been confirmed.

It's absolutely amazing to many EB-5 practitioners that these issues are being discussed so late (now), or that they are being discussed at all, because the answers should be obvious: what EB-5 statutes and regulations specifically do not prohibit and are consistent with US business practices or standards should be permitted to serve the main objective of the EB-5 Program which is to create jobs and help the U.S. economy!

http://eb-5center.com/files/AILA%20EB-5%20Committee%20Exec%20Summary%200...

[HOT] First processing change to be implemented by CSC regarding EB-5 cases "appears" to be

allowing direct communication with the adjudication team (on what kinds of EB-5 cases will be revealed by Sep 15th, we presume), followed by other processing changes such as premium processing, but the premium processing will in all likelihood not take place for long time because it will take more adequately-trained examiners to implement the premium processing system. We do not believe the premium processing will be available, at earliest, until end of this year. We believe CSC has been busy internally making changes to accomodate the direct communication, probably with the attorney of record (perhaps regional centers as well).

[HOT] A recent NY Times article on Chinese investment in U.S. assets and EB-5 has linked our website to the "EB-5" word link in their article

Go to the 7th from the bottom paragraph to click the link to "EB-5" word. I guess the writer felt that our website contained pretty good information on EB-5 law. Thanks Mr. Kirk Semple (the writer) or probably some NY staff or intern who was given the assignment to link websites to key words.

http://www.nytimes.com/2011/08/11/nyregion/chinese-investment-grows-in-n...

[Q] Can an EB-5 investor invest in a LLC entity and be considered to have a role in the management per EB-5 reg?

Yes, but I rather go with a LP (per Uniform LP Act) as it is specifically mentioned in the reg. Why try to be a hero?

[HOT] [Q] What is the concept of "material change" in context of EB-5 cases?

The concept of "material change" always existed in a factual context where immigrant petitions, including I-526s, were pending and not yet adjudicated. In essence, the "material change" concept prohibited an immigration petition which did not comply with the requirements for approval of the immigrant petition from being approved through a fix of the deficiency while the immigrant petition was filed, pending and not yet adjudicated. For example, in context of a U.S. citizen filing I-130 immigrant petition for his alien spouse, if the U.S. citizen petitioner was still married to another woman at the time of filing I-130, then legally, the I-130 cannot be approved. And if the U.S.

[HOT] I sympathize with USCIS . . . sometimes

I really do. And here are the reasons why I do.

1. USCIS has to provide answers to every EB-5 question, but this is not possible because the EB-5 law (statutes and regulations) itself is in conflict or unclear on many issues.

[HOT] Another confusion due to wrong analysis provided by USCIS

A relevant article by another EB-5 practitioner discussing another confusing written Q & A statement from USCIS:

http://eb5greencard.blogspot.com/2011/07/more-fuzzy-thinking-courtesy-of...

Are we supposed to take the above answer seriously? We looked at the INA 216(A) and 8 CFR 216.6(c)(iv) cited by them and this is what it says. INA 216(A) really says nothing on this issue, and 8 CFR 216.6(c)(iv) says:

(iv) The alien created or can be expected to create within a reasonable period of time ten full-time jobs to qualifying employees. In the case of a "troubled business" as defined in 8 CFR 204.6(j)(4)(ii) , the alien maintained the number of existing employees at no less than the pre-investment level for the previous two years.

[HOT] TEA designation and gerrymandering

From many of USCIS' statements, it seems to frown upon "gerrymandering" when it comes to TEA designation. But why should that be? First, it should be noted that the word "gerrymandering" in context of politics gives an impression that there is an unfair advantage gained by one party by redrawing areas to favor the party, but in context of TEA designation, this "gerrymandering" act basically comes down to trying to create a TEA area that encompasses where the project is located so that only $500,000 is required rather than $1 Million USD.

One EB-5 colleague says:

Gerrymandering is a fundamental part of American culture and it's been done in America since the 18th century. If USCIS/CSC hates it, they should change the criterio for TEA designation . . .

[Q] If I move while my I-526 or I-829 is pending, what must I do?

It's very important to notify USCIS of your address change via online address change notification method and filling out and sending in AR-11 address change form for EACH individual family member.

[HOT] [Q] I am currently present in the US in nonimmigrant status. What are effects of becoming unlawfully present to my EB-5 case?

You have to distinguish between "out of status" and unlawfully present. When you become "out of status" or fail to "maintain your status", you may or may not be deemed to be accruing "unlawful presence". Basically, you have to avoid acquiring unlawfully presence period of 180 days or more, and avoid 3 year and 10 year bars from obtaining any immigrant or nonimmigrant status.

If you cannot maintain your status all the way until you obtain conditional green card, you better talk to an experienced immigration attorney regarding your case because this has serious legal and practical consequences to your future ability to obtain any kind of visa or status (both nonimmigrant and immigrant status).