What Makes Good Regulation? Lessons from the DHS EB-5 Proposed Rule Part V of a Five-Part Series on the Department of Homeland Security’s Proposed Regulations Implementing the EB-5 Reform and Integrity Act of 2022 Introduction The Department of Homeland Security’s proposed regulations implementing the EB-5 Reform and Integrity Act of 2022 have generated vigorous discussionRead more about What Makes Good Regulation? Lessons from the DHS EB-5 Proposed Rule[…]

Who Protects the Investor? Governance, Redeployment, and Conflicts of Interest Part IV of a Five-Part Series on the Department of Homeland Security’s Proposed Regulations Implementing the EB-5 Reform and Integrity Act of 2022 Introduction The EB-5 Reform and Integrity Act of 2022 fundamentally changed the industry’s approach to integrity and oversight. Congress imposed new disclosureRead more about Who Protects the Investor? Governance, Redeployment, and Conflicts of Interest[…]

Substance Over Form: Source of Funds, Battineni, and Administrative Consistency Part III of a Five-Part Series on the Department of Homeland Security’s Proposed Regulations Implementing the EB-5 Reform and Integrity Act of 2022 Introduction The lawful source of funds requirement lies at the heart of the EB-5 program. Congress never intended the United States toRead more about Substance Over Form: Source of Funds, Battineni, and Administrative Consistency[…]

Bridge Financing and the Economics of Capital Formation Part II of a Five-Part Series on the Department of Homeland Security’s Proposed Regulations Implementing the EB-5 Reform and Integrity Act of 2022 Introduction Among the many provisions contained in the Department of Homeland Security’s proposed regulations implementing the EB-5 Reform and Integrity Act of 2022, fewRead more about Bridge Financing and the Economics of Capital Formation[…]

Beyond Clarity: Four Principles for Evaluating the DHS Proposed EB-5 Rule Part I of a Five-Part Series on the Department of Homeland Security’s Proposed Regulations Implementing the EB-5 Reform and Integrity Act of 2022 Introduction A defining regulatory event has shaped every generation of the EB-5 program. The creation of the Regional Center Program transformedRead more about Beyond Clarity: Four Principles for Evaluating the DHS Proposed EB – 5 Rule[…]

By Marko Issever   The central question in the EB-5 landscape concerns the mandate of the United States Citizenship and Immigration Services (USCIS) and the agency’s perception of such, which subtly impacts investor outcomes. Congress writes the law. Agencies implement it. But in the space between those two functions, something more complex takes shape: interpretation, discretion, and,Read more about USCIS and the EB-5 mandate: Between statute, interpretation, and enforcement[…]

IIUSA v. USCIS: The Fight Over EB-5’s Sustainment Period  A Clash That Could Reshape EB-5 How long should EB-5 investors be required to keep their capital “at risk” in a project? That question, central to the economics of the $8 billion EB-5 market, has sparked a high-stakes legal battle between Invest in the USA (IIUSA),Read more about IIUSA v. USCIS: The Fight Over EB-5’s Sustainment Period[…]

Did you know?   Breaking Down the Battineni v. Mayorkas Ruling: A Landmark for EB-5 Investors Introduction The EB-5 Immigrant Investor Program, established in 1990, has been a vital pathway to U.S. residency for foreign investors, promising job creation and economic growth. However, navigating the complexities of the program, especially the stringent documentation requirements toRead more about Breaking Down the Battineni v. Mayorkas Ruling: A Landmark for EB-5 Investors[…]

Did you know?   Guidance Clarifying the Required EB-5 Investment Period U.S. Citizenship and Immigration Services (USCIS) issued guidance on their interpretation of changes to the EB‐5 Immigrant Investor Program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA) on October 11. This guidance clarifies the required investment timeframeRead more about Guidance Clarifying the Required EB-5 Investment Period[…]

Did you know?   Update to Visa Availability Approach for Form I-526   U.S. Citizenship and Immigration Services (USCIS) this month announced it would update its visa availability approach for managing the inventory of Form I-526, Immigrant Petition by Alien Investor, to promote greater efficiency. In their announcement of the change of policy, USCIS Immigrant Investor ProgramRead more about Update to Visa Availability Approach for Form I-526[…]

  Did you know?   Regional Center EB-5 Investors can file their I-526E petitions! No more roadblocks!   Last week, on August 25, EB-5 Industry stakeholders, consisting of a few large Regional Centers and industry advocate Invest in the USA (IIUSA), entered into a joint settlement agreement with USCIS. As a result, investors can nowRead more about Regional Center EB-5 Investors can file their I-526E petitions! No more roadblocks![…]

Did you know?   Breaking News: Preliminary injunction ruling on EB-5 Regional Center Program! Investors can file immigration petitions under the RIA.   On June 24, 2022, Judge Vince Chhabria of the Federal District Court for the Northern District of California issued a preliminary injunction ruling. His ruling reverses the USCIS decision in April thatRead more about Breaking News: Preliminary injunction ruling on EB-5 Regional Center Program! Investors can file immigration petitions under the RIA.[…]

Did you know?    EB-5 Regional Center Program is reauthorized!! New minimum  investment amount is $800,000 now.    On Tuesday, March 15, 2022, the President signed the omnibus appropriations bill H.R. 2471 – Consolidated Appropriations Act, 2022, into law. The bill includes the EB-5 reform bill, titled the “EB-5  Reform and Integrity Act of 2022”.Read more about EB-5 Regional Center Program is reauthorized!! New minimum  investment amount is $800,000 now. […]

Did you know?   Ur Jaddou confirmed as the new Head of U.S. Citizenship and Immigration Services   Suzanne Monyak, Immigration Reporter at CQ Roll Call, and other news agencies reported that the Senate voted in favor of President Joe Biden’s nomination of attorney Ur Jaddou to lead the United States Citizenship and Immigration Services (USCIS).Read more about Ur Jaddou confirmed as the new Head of U.S. Citizenship and Immigration Services[…]

Did you know? The judge ruled that the November 2019 reforms were not duly authorized!!! In the well-contested court case of Behring Regional Center LLC V. Chad Wolf, the judge ruled in favor of Plaintiff. For now, the required minimum investment amount went back to the pre-November 2019 level of $500,000 for projects that qualifyRead more about The judge ruled that the November 2019 reforms were not duly authorized[…]

Did you know? Are we going to have the much-awaited EB-5 Reform bill pass Congress before June 30, 2021? That is the big question! Invest in the USA (IIUSA), the EB-5 Regional Center Program’s only industry trade association is worried. The Executive Director of the Association, Aaron Grau, has been sending emails to its membersRead more about Are we going to have the much-awaited EB-5 Reform bill pass Congress before June 30, 2021? That is the big question![…]

Effect of S 386 – Fairness for High-Skilled Immigrants Act of 2020, and its version of House bill H.R.1044   Did you know?   IIUSA, the foremost EB-5 industry advocate, reported that on December 2nd, 2020, the Senate passed S.386, Fairness for High-Skilled Immigrants Act of 2020, its version of House bill H.R.1044. The billRead more about Effect of S 386 – Fairness for High-Skilled Immigrants Act of 2020, and its version of House bill H.R.1044[…]

Did you know?   Can put options held by EB-5 investors be permissible? Klasko Immigration successfully argues, “Yes”!!! In a recent blog, Klasko Immigration Law Partners (Klasko) announced that “On August 21, 2020, Judge Merrick Garland issued an Opinion on behalf of the US Court of Appeals for the DC Circuit in the case ofRead more about Can put options held by EB-5 investors be permissible?[…]

Did you know?   USCIS clarifies Redeployment rules of EB-5 As we know, an essential part of the EB-5 application, the I-526 petition, is the investment component. USCIS updated the policy last week and published it on July 24, 2020. The policy clearly explains what constitutes an eligible EB-5 investment. Besides, if the investment needsRead more about USCIS clarifies Redeployment rules of EB-5[…]