미국 투자이민 변호사와 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 왼쪽 위에서 상담 신청을 하시면 됩니다. 본인 성함, 연락처와 현거주 도시를 알려주시고, 상담 내용을 간단히 적어주시면 됩니다. 한국에 계셔도 미국 투자이민법만 다루는 미국변호사와 상담이 가능합니다.


[Q] Can a NCE contain a provision to return a real estate as an exit or payback to investors?

USCIS has stated in October 2012 EB-5 teleconference that generally this arrangement will not be allowed. See also: http://www.uscis.gov/err/K1%20-%20Request%20for%20Participation%20as%20R...

[HOT] Tenant-occupancy issues in an actual play in a RFE

Mr. Joseph Whalen has posted his observations on a redacted RFE involving tenant-occupancy issues. We do not know how recent the RFE is, but when you read the RFE, it seems like it's getting very difficult to get a renovation or development projects involving tenant jobs, even where only indirect tenant jobs are counted, based on a rationale that these indirect/induced jobs are based on the direct tenant jobs. It seems USCIS could reject any tenant jobs (even new ones, not relocated ones) based on a rationale that there is no sufficient nexus.

2012/10/16 -- USCIS EB-5 Stakeholders Meeting/Teleconference

The below are my personal notes I took during the call. Everyone at USCIS did a good job moving along the meeting and teleconference, but they could not answer when RFE'd cases involving "tenant-occupancy" issue will be decided and when Director Mayorkas' draft or provisional memo will be issued, except to say another "Conversation with Director Mayorkas and Rob Silvers" will take place soon. Also, I am guessing here, but it seemed to me that Mr. Rob Silvers did not quite realize the extent of delays being encountered by I-526s and I-924s, even where there was no "tenant-occupancy" issue. There were many "We will review this issue and get back to you." answers to several very important questions.

My two concerns/complaints are as follows:

[HOT] Talks and rumors concerning EB-5

1. Seems like some stuff is going on at CSC freezing adjudications of all I-526 cases, except for pre-approved project cases, or any project which was pre-approved but changed in some aspects. Administrative problem, multiple lawsuits or election time effects, but seems like no one is willing to make any decisions. Heard one RC based hotel project recently obtained I-526 approvals after almost 17 months of waiting -- not the way for USCIS to run the EB-5 Program.

2. Seems like SEC is getting involved more.

[HOT] Potential issue for Chinese EB-5 cases?

A very interesting article on some potential issues for Chinese EB-5 cases. Does this article raise unfounded fears for Chinese EB-5 cases, or are these fears justified? A nicely-written article though.

http://lawandborder.com/?p=1778#more-1778

[HOT] What are some of the packet preparation procedures for EB-5 petitions, including I-526 and I-829s?

Regarding tabs, USCIS issued a useful instruction as follows:

Question 1: The perennial question regarding tabs versus colored dividers has resurfaced. We would appreciate your thoughts on best practice in terms of both the lockbox, and direct filings at the Service Center. The USCIS website indicates that tabs should be placed on the bottom of the packet; however, during a recent stakeholder meeting, USCIS indicated that such tabs would be removed and that USCIS preferred colored paper instead (AILA Doc. No. 12031666).

Question 1a: Please clarify whether USCIS prefers tabs or colored paper.

[HOT] Priority 1 "fast-moving audit" review of the EB-5 Regional Center Program within USCIS?

What caused this, because as far as we know, most of the RCs are not involved in any fraud. Also, USCIS is very tough on EB-5 cases. See the article at:

http://www.thedaily.com/article/2012/09/17/091712-news-eb5/

Also, isn't this something that USCIS should be letting the EB-5 stakeholders know, since this audit seems to have leaked already?

[Q] Can an affiliate company of the NCE create requisite jobs?

No. See: http://www.uscis.gov/err/B7%20-%20Form%20I-526%20and%20I-829/Decisions_I...

In essence, requisite jobs must be created by an entity that qualifies as a NCE or JCE.

[HOT] SEC requirements and/or restrictions affecting EB-5 Regional Centers operation and marketing

For internal research purpose: SEC, exemptions, EB-5.

http://www.ppm.net/ppm-info/regulation-s/summary-of-sec-regulation-s/

Note the proposed SEC rule eliminating a prohibition against general solicitation and general advertising to securities offered under Rule 506 of Regulation D of the Securities Act. This proposed rule was mandated by the Jumpstart Our Business Startups Act, companies would be permitted to use general solicitation and general advertising to offer securities under Rule 506 of Regulation D of the Securities Act and Rule 144A of the Securities Act.

http://www.sec.gov/news/speech/2012/spch082912mls.htm

http://www.sec.gov/news/press/2012/2012-170.htm

http://www.sec.gov/rules/proposed/2012/33-9354.pdf

The Proposed Rules

Rule 506

[HOT] [Q] Given USCIS' recent shift in position on "tenant-occupancy", can an office building development be the basis for an EB-5 project?

Recently in 2012, USCIS announced its "tentative" policy on "tenant-occupancy" issues. The new policy appear to make an office building development (to be rented out to various types of tenants) an extremely difficult EB-5 project. Is this the case?

The short answer is: "In theory, no; in practice, no one knows -- yet."

[Q] During my CPR stage, I gave a birth to my child while I was visiting my home abroad. Can my baby obtain green card?

See: http://www.dazlaw.com/index.php?option=com_content&view=article&id=117:g...

The above article says:

Yes, if you meet certain requirements. There are two ways to bring your daughter to the United States as a permanent resident after her birth abroad. One way is very quick, while the other way may take a year to complete.

[HOT] Another article on how EB-5 money is being used for hotel developments

http://dealbook.nytimes.com/2012/09/06/visas-for-dollars-program-a-boon-...

One thing curious to me is that most of the comments to the article is negative. But I wonder how can the commenters expect the foreign investors to invest in a U.S. business if the foreign investors do not receive something in return, i.e., green cards, when they certainly are not receiving all that much profit? Specifically, I am curious what these commenters think the foreign investors should receive as a benefit in return for investing $500,000 to $1 Million USD in a U.S. business?