DHS has proposed revisions to the EB-5 Immigrant Investor Program regulations to implement provisions of the EB-5 Reform and Integrity Act of 2022.
Kate Kalmykov Presents the ‘Top EB-5 Issues and the Attraction of Rural TEAs’ on the Voice of EB-5 Podcast Hosted By EB-5 Investors Magazine
Kate Kalmykov, Co-Chair of Greenberg Traurig’s Immigration and Compliance Practice, recently appeared on the Voice of EB-5 podcast for an in-depth discussion with host Ali Jahangiri on her nearly two-decade career in the area of EB-5. She also spoke regarding program changes following the implementation of the EB-5 Reform and Control Act of
What Does the New I-956 EB-5 Regional Center Designation Process Mean for Regional Center Investors?
The new Form I-956 and I-956 H contain a series of certifications and detailed personal information requirements with respect to the integrity and backgrounds of the owners, operators, and officers of the Regional Centers administering investments. These certifications will be reviewed by USCIS and require Regional Center applicants to appear for biometrics. The biometrics will
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Congress Set to Pass EB-5 Reform and Reauthorize EB-5 Regional Center Program through Sept. 30, 2027
Late last night, Congress released the text of the Omnibus spending bill, which includes the “EB-5 Reform and Integrity Act” at page 2609. With government funding expiring March 11 we anticipate passage of this bill in the next few days.
After nearly 8.5 months of a lapsed EB-5 Regional Center program, Congress has authorized
Federal Court Decision Strikes Down $900,000 EB-5 Investment Threshold
As discussed on this blog previously, a lawsuit challenging certain EB-5 regulations was successful on June 22, as Magistrate Judge Jacqueline Scott Corley of the U.S. District Court for the Northern District of California ruled that the regulations were not lawfully promulgated because then-acting Department of Homeland Security (DHS) secretary Kevin McAleenan was not
Lawsuit Challenging EB-5 Regulations May Succeed
Based on a recent hearing in a lawsuit challenging certain EB-5 regulations, it appears the regulations may be struck down due to the illegal appointment of Department of Homeland Security (DHS) Secretaries by the Trump Administration.[1] Enacted on Nov. 21, 2019, the regulations at issue had increased investment amounts from $500,000 to $900,000 for
EB-5 Final Rule Challenged in U.S. Federal District Court
On Nov. 26, 2019, a complaint for Injunctive Relief and a Temporary Restraining Order was filed by Florida EB-5 Investments, LLC against the Department of Homeland Security (DHS) challenging a Nov. 21, 2019, DHS-issued final rule amending its regulations for the EB-5 program to purportedly modernize the rules (EB–5 Immigrant Investor Program Modernization, 84 Fed.
EB-5 Update – New Regulations to Take Effect and Regional Center Program to be Extended Through Dec. 20, 2019
The EB-5 Regional Center Program was set to expire on Nov. 21, 2019. On Nov. 18, Congress introduced a Continuing Resolution (CR) to fund the government and extend vital programs such as EB-5 through Dec. 20, 2019. Leaders hope to use the additional time to extend current operations and complete fiscal matters and other priorities before the holidays. There is an ongoing effort to include new EB-5 legislation in a legislative vehicle in December.
New EB-5 regulations published on July 24, 2019, as final will take effect Nov. 21, 2019. There is no additional phase-in for these regulatory changes. Some of the key changes listed below will immediately impact the EB-5 program:
Continue Reading EB-5 Update – New Regulations to Take Effect and Regional Center Program to be Extended Through Dec. 20, 2019
A Detailed Look at the Proposed EB-5 Regulations
On January 13, 2017, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking Making (“NPRM”) seeking to amend the current EB-5 regulations. As required by the Administrative Procedure Act, DHS has published the NPRM in the Federal Register for notice to the public and has given the public a three (3) month
Summary: Notice of Proposed Rule for the EB-5 Immigrant Investor Program
The Department of Homeland Security (DHS) has issued a notice of proposed rulemaking to be published on January 13, 2017 to amend the regulations in relation to the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers. The purpose of the proposed amendments is to modernize the EB-5 program. DHS will accept comments