On Feb. 25, 2025, President Trump announced that he will seek to end the U.S. EB-5 Immigrant Investor Program, which provides foreign investors with permanent residency in the United States. The EB-5 program requires a foreign national to invest in U.S. businesses that create 10 or more jobs per investor. The program has an investment…

United States Citizenship and Immigration Services (USCIS) has published EB-5 program data for Fiscal Year 2024, Quarter 4.  The released data show a high rate of denial for I-526 petitions versus I-526E petitions. 

The denial rate for I-526 petitions was around 30%, which means USCIS issued denials for almost a third of all applicants that invested funds. These…

With the Implementation of the 2022 EB-5 Reform and Integrity Act (RIA) the practice of EB-5 law in terms of requirements for projects, regional centers, broker dealers, overseas migration agents and fund managers has markedly changed. The RIA introduced new requirements for recordkeeping, reporting and overall compliance.  Likewise, EB-5 investor applications under the new law…

Kate Kalmykov, co-chair of the Immigration & Compliance Practice, and Jennifer Hermansky, shareholder at global law firm Greenberg Traurig, LLP, will speak about the EB-5 program and other United States visa options at the 2022 EB-5 Investors Magazine & UGlobal Immigration Expo Vietnam event this month in Ho Chi Minh City.

Kalmykov’s…

Update: The Judge approved the settlement Thursday, Sept. 1. 

The EB-5 Reform and Integrity Act (RIA) was passed on March 11, 2022. USCIS then posted an interpretation of the legislation that would nullify all 600-plus designated regional centers and require all entities to be re-designated in order to be authorized to file petitions under the…

The EB-5 Regional Center program is set to expire again on June 30, 2021. The U.S. Congress has never made the Regional Center program permanent, and so it continued to be extended on a temporary basis every few months, most recently through June 30, 2021.

The Regional Center program has expired many times before; why…

EB-5 investors achieved a victory in their continuous efforts against lengthy USCIS processing times for I-526 petitions in Gutta v. Renaud. This lawsuit establishes precedent for EB-5 mandamus cases with the decision that unreasonably long processing times were in violation of the Administrative Procedure Act (APA). Almost two dozen EB-5 investors coming from a…

On Sept. 30, 2020, the U.S. Senate passed and the president signed H.R. 8337 to keep the U.S. government operational through Dec. 11, 2020. This action will maintain vital immigration programs such as the EB-5 Immigrant Investor Regional Center Program, E-Verify, Conrad 30 Waiver Program for J-1 medical doctors and non-minister religious workers programs.

The…