EB-5 visa

EB5 Visa​The EB-5 investor program allows people who make substantial investments in a qualifying enterprise in the USA to obtain a permanent resident EB-5 visa. The qualifying investment must either create or save 10 full time positions for people authorized to work in the USA. In order to apply for an EB-5 visa, the applicant must file the Form I-526 and Form I-485 with the USCIS. If the EB-5 visa is approved, the investor and any derivatives will be granted conditional resident status for 2 years. Within 90 days of the expiration of 2 years, the EB-5 visa investor must submit the Form I-829 to apply to remove conditions on residency (as well as the conditions on any derivatives). After 5 years on EB-5 status from the EB-5 investor visa program, the immigrant investor may apply for naturalization.

Form I-529/I-826 Performance Statistics (fy 2008-Q1 2017) and EB5 Visa Issuance Statistics (fy 2016)

The United States Citizenship and Immigration Services (USCIS) recently released comprehensive performance statistics for the Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions. The statistics include information from fiscal year 2008 to the first quarter of the current fiscal year, 2017. Furthermore, we will examine detailed visa issuance statistics from the Department of State (DOS) for fiscal year 2016. In this post, I will include the charts as well as a few notes on the statistics.

Analysis of Proposed EB5 Rule Titled "EB-5 Immigrant Investor Program Modernization"

On January 13, 2017, the Department of Homeland Security published a notice of proposed rulemaking in the Federal Register titled “EB-5 Immigrant Investor Program Modernization.” The rule was open for public comment until April 11, 2017. The DHS will examine the comments and incorporate them toward creating a new final rule affecting the EB5 program. The notice of proposed rulemaking proposed changes to key aspects of the EB5 program. In this article, we will examine the significant changes in the notice of proposed rulemaking and discuss briefly what these changes may mean for the future of the EB5 program if they are adopted.

Employment-Based Immigration

The United States makes approximately 140,000 immigrant visas available each fiscal year for aliens as well as their spouses and children who wish to immigrate to the United States based on their occupational skills. An individual needs the right combination of skills, education, and/or work experience to qualify for an employment-based immigrant visa and may be able to permanently reside in the United States. There are five employment-based immigrant visa preferences categories.

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