Filing the I-829 petition to remove conditions on permanent residency for EB-5 investors can be a complex process. The I-829 must be submitted within 90 days before the second anniversary of the investor’s conditional residency and requires substantial evidence to prove eligibility. In this post, we’ll explore three common challenges in the...
Category: EB-5 visa
Understanding the Differences Between H-1B, EB-5, and U.S. Citizenship: Navigating Your Path to the American Dream
The U.S. immigration system offers several pathways for foreign nationals to live, work, or invest in the country. Among the most popular options are the H-1B visa, the EB-5 Immigrant Investor Program, and U.S. citizenship. Each status has its own benefits, requirements, and limitations. This guide will break down the key differences...
How to Secure a U.S. Visa Through Investment: Key Opportunities and Strategies
For entrepreneurs and investors worldwide, the United States offers numerous opportunities to grow and expand their businesses. Among the various pathways available, visas specifically designed for investors provide a unique chance to live and work in the U.S. One such pathway is the E-2 Treaty Investor visa, allowing eligible nationals to invest...
Exploring the Advantages of the EB-5 Investor Program in 2024
The EB-5 investor green card landscape has seen significant transformations thanks to the EB-5 Reform and Integrity Act of 2022 (RIA). This legislation has brought forth strengthened safeguards, simplified procedures, and fresh opportunities, making the EB-5 program a more compelling choice for those pursuing U.S. permanent residency in the face of current...
From O-1 Visa to EB-5 Investor Visa: A Concise Guide
The O-1 Visa permits individuals with exceptional talents in fields such as arts, sciences, education, business, or athletics to work in the United States. For those aiming to achieve permanent residency, the EB-5 Immigrant Investor Program offers a potential pathway. This guide details the process for O-1 visa holders to transition to...
How to Transition from F-1, H-1B, or L-1 Visas to an EB-5 Investor Visa
Are you on an F-1, H-1B, or L-1 visa and considering permanent residency in the U.S.? The EB-5 Investor Visa could be your pathway to a green card through investment. This guide simplifies the process, showing you how to convert your current status into an EB-5 visa.
New Policy Guidance on Noncompliance with EB-5 Regional Center Program
USCIS has issued new policy guidance addressing the provisions in the Immigration and Nationality Act (INA) related to noncompliance with the EB-5 Regional Center program.
This guidance covers sanctions such as terminations, debarments, and suspensions for noncompliant regional centers, new commercial enterprises, job-creating entities, and investors. It also...
Supreme Court Overturns Chevron: Impact on EB-5 and Immigration Law
On June 28, 2024, the Supreme Court overturned the Chevron v. Natural Resources Defense Council ruling, which had allowed courts to defer to agency interpretations of ambiguous statutes for over forty years. This 6-3 decision now places the responsibility of interpreting these statutes back on the courts.
For immigration,...
New Audit Requirements for EB-5 Regional Centers: What You Need to Know
USCIS has introduced mandatory audits for all EB-5 Regional Centers, occurring at least every five years. These audits aim to boost program integrity by verifying information in applications, annual certifications, and investor petitions. Centers must comply with audits or risk termination. USCIS will use Generally Accepted Government Auditing Standards (GAGAS) to ensure...
Navigating Post-Approval Steps for EB-5 Visa Applicants: A Brief Guide
Following the approval of Form I-526E for EB-5 investors, particularly those investing in rural areas, there are specific steps and considerations outlined as of April 2, 2024. The EB-5 Reform and Integrity Act of 2022 introduced new visa categories and processing priorities, especially for projects in rural and high unemployment areas. Here's...