A closer look at the current state of EB-5 from an experienced immigration attorney’s point of view

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A closer look at the current state of EB-5 from an experienced immigration attorney’s point of view

  1. Introduction

    Olusanjo Omoniyi: We are delighted to have you on our program. You’ve practiced immigration law since 1996 and founded Omoniyi Law Firm, focusing on EB‑5, business, and commercial immigration. From Chicago to national impact—could you kick us off with a quick walk-through of your journey and how your background shapes your EB‑5 practice? Thank you!

  2. Best Practices in Servicing EB-5 Investors

    Collaboration is key—immigration attorneys, broker-dealers, and regional centers all have unique roles. From your legal lens, what does effective coordination look like to ensure transparency, avoid conflicts, and protect the investors? What are common pitfalls you see, and how should participants work together?

  3. Backlogged Applicants: Options for China & India Investors

    Those who filed pre‑Reform and Integrity Act (RIA) from Mainland China and India are facing extensive delays. There is no visa availability on the horizon. August 2025 Bulletin shows December 8, 2015, and November 15, 2019, for mainland China-born and India-born applicants, respectively. With the August 2025 Visa Bulletin showing retrogression, what pathways can you recommend? Is filing under RIA set‑asides worth restarting? How do you advise clients with aging-out children or dual filings to maintain age eligibility?

  4. Emerging Opportunity: EB-5 for African Investors

    East Asia is well-covered, but we’re seeing increased interest from Africa, specifically, Nigeria, Kenya, and South Africa. What should investors from these countries be aware of? Are there any unique compliance or source-of-funds issues you encounter? What are the benefits EB-5 can offer to investors from this region over and above other immigrant visa categories?

  5. Reform & Integrity Act (RIA) of 2022

    It has been over three years since RIA passed. From your perspective, what are the most meaningful developments, whether in processing, protection, or flexibility, for investors? And do you think enough professionals and investors are taking advantage of it? For those waiting on the sidelines, what risk do they face in missing out?

  6. Pending lawsuit between IIUSA and USCIS

    Many of our clients’ primary goals in pursuing EB-5 are:

    • to obtain a green card for themselves and their eligible family members, namely their spouse and unmarried children under 21.  
    • In addition, nobody wants to lose their investment. The remaining criteria are all good to have. 
    • Some want higher returns to keep up with at least inflation, the purchasing power of money. 
    • Others are looking for shorter tenor deals so that they can get their capital back as soon as possible. There is a pending lawsuit between IIUSA and USCIS.
      • Can you elaborate on this lawsuit? 
      • Who is advocating what? 
      • Do you have any guesses about how and when it gets resolved? 
      • Almost all our investors are curious about this.