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.


1997/12/09 -- General Counsel Memo on EB-5 Financial Arrangements

The below 1997 guidance memo by Office of the General Counsel on various financial arrangements underlying various EB-5 Regional Centers started the lengthy hibernation of Regional Centers that spanned from 1997 to 2002. Presumably, any and all RCs approved by USCIS now days do not contain the below-described prohibited financial arrangements. Some parts are no longer prohibited.

1998/08/28 -- Bach Memo on Invested Funds in Escrow

August 28, 1998

Memorandum For: Regional Directors
District Directors (Including Foreign)
Regional Counsels
Officers-In-Charge (Including Foreign)
Port Directors
Service Center Directors
Directors, ODTF-Glynco, GA and Artesia, NM

From: Robert L. Bach
Executive Associate Commissioner
Office of Policy and Planning

2003/06/10 -- Yates Memo on amendments affecting eb-5 adjudication

* Note that uploaded or attached files will be shown only to Administrator for our own internal research purpose.

2005/01/18 -- Yates Memo mandating parole and CPR extension for pending I-829s

* Note that attached files will be shown only to Administrator for our own internal research purpose.

This Yates' Memo dated January 18, 2005 mandates that EB-5 applicants with pending I-829s not only paroled into the U.S. but also CPR status be extended through I-551 stamps.

2006/09/12 -- Aytes Memo on AFM on EB-5 petitions amendments

* Note that uploaded or attached files will be shown only to Administrator for our own internal research purpose.

Michael Aytes' September 12, 2006 Memo on amendments to EB -1 thru EB-5 petitions. Attached in its entirety as a PDF file. Pages 87 to 99 cover EB-5 amendments reflected in the Aajudicator's Field Manual (AFM).

2003/12/02 --Yates Memo extending CPR during I-751 pendency

* Note that uploaded or attached files can be accessed by only Administrator for our own internal research purpose.

The December 2003 Guidance Memo dated December 2003 is posted below in its entirety as a PDF file. The Memo states that CPR extension stamp should be given to those with I-751s pending, but the same concept should apply to those with I-829s pending.

Matter of Ho -- Precedent AAO case

Matter of Ho, precedent AAO case, has been posted below in its entirety as a PDF file.

Matter of Hsiung -- Precedent AAO case

Matter of Hsiung, precedent AAO case, has been posted below in its entirey as a PDF file.

Matter of Soffici -- Precedent AAO case

Matter of Soffici, precedent AAO case, has been posted below in its entirety.

Matter of Izumii -- Precedent AAO case

Matter of Izumii, a precedent AAO decision, is set forth below in its entirety, and is also attached hereto in its entirety as a PDF file.

Interim Decision (AAU) 3360

FOR PUBLICATION

MATTER OF IZUMII

In Visa Petition Proceedings

A76 426 873

Decided by the Associate Commissioner, Examinations, July 13, 1998

[HOT] Documenting both lawful & immediate source

Under the EB-5 law, the lawful source is the primary (and one of the few) requirement that must be documented by the Investor. Specifically, 8 CFR Sec. 204.6(j)(3 requires:

[HOT] Pros and cons of Regional Center EB-5 vs. E-2 investment

* Note that extensive information on E-2/E-1 visas can be obtained by going to www.e-2california.com site.

The advantages of Regional Center EB-5 (the "RC EB-5") case over E-2 visa are:

1. Since E-2 is a nonimmigrant visa/status, obtaining E-2 does not lessen the need to obtain permanent resident status.

2. With RC EB-5 case, you can reside anywhere in the U.S., whereas with E-2 visa, you have to reside near the location of your E-2 business.

What are the pros and cons of EB-5 Regional Center case vs. E-2 NIV case?

The advantages of Regional Center EB-5 (the "RC EB-5) case over E-2 visa are:

1. Since E-2 is a nonimmigrant visa/status, obtaining E-2 does not lessen the need to obtain permanent resident status.

2. With RC EB-5 case, you can reside anywhere in the U.S., whereas with E-2 visa, you have to reside near the location of your E-2 business.

3. With E-2 dependent children, once they become 21 years old, they automatically fall out of E-2 status. This means they have to, on their own, apply for other NIV status -- usually F-1 student status. With RC EB-5 case, as long as the I-526 petition was submitted prior to their reaching 21 years of age, the dependent children's ability to obtain LPR status will not be adversely affected.

If you are interested in immigrating to US through EB-5, what country or parts of the world are you from?

Europe
40% (2 votes)
United States
0% (0 votes)
Canada
0% (0 votes)
Australia
0% (0 votes)
Russia
0% (0 votes)
South America
0% (0 votes)
Asia
60% (3 votes)
South Africa
0% (0 votes)
New Zealand
0% (0 votes)
Other Parts
0% (0 votes)
Total votes: 5

About RIMS II Job-calculation methodology & issues

RIMS II methodology is just one methodology, but nevertheless, it is a very widely-used job calculation (a better terminology would be a "job estimating") methodology. Official website of Bureau of Economic Analysis, a division of U.S. Department of Commerce: www.bea.gov

Brief description: www.bea.gov/regional/rims/brfdesc.cfm

Handbook on RIMS II: www.bea.gov/scb/pdf/regional/perinc/meth/rims2.pdf

New User Guide to RIMS: http://www.bea.gov/regional/pdf/rims/RIMSII_User_Guide.pdf

It should be noted that the recent USCIS Neufeld guidance memo dated June 17, 2009 has arguably indicated a preference for the RIMS II methodology over other job-calculation methodologies. See the Neufeld guidance memo at www.eb-5center.com/node/382.