On May 6, 2019, Charles Oppenheim, chief of the U.S. State Department Visa Control and Reporting Division, presented at the IIUSA Conference in Washington, D.C. on the state of visa backlogs for EB-5 immigrant visa applicants. Mr. Oppenheim reported on a number of important issues summarized in this blog.
Between approximately Oct. 1, 2018, and
The Department of State (DOS) has informed EB-5 stakeholders that retrogression of the EB-5 category in the chargeability area including Vietnam, is imminent; however, DOS is unable to provide specific dates of which priority dates will retrogress at this time, though it did clarify that this is not going to occur in April 2018.
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I recently returned from a month in Vietnam meeting with clients and potential immigrants to the United States. Over the course of the past five years and in my travels to Vietnam, I have watched the EB-5 program grow in popularity as a tool for Vietnamese nationals to self-sponsor for a U.S. green card. In fact, Vietnam now ranks second in EB-5 visa usage worldwide.
The growing interest in immigration to the U.S. has also spurned in Vietnam a new trend, with some immigration agents promoting the EB-3 visa program, to target clients that cannot afford the EB-5 program or wish to spend less money to immigrate to the U.S. This development is alarming, as in many cases, the way the EB-3 program is being described and offered to the Vietnamese public is inconsistent with the U.S. Citizenship and Immigration Service (USCIS) and U.S. Department of Labor Regulations (DOL) laws and regulations. In the most egregious cases, these EB-3 for sale programs intentionally circumvent the legal requirements and are fraudulent.
By way of background, EB-3 stands for Employment-Based Third preference category – a concept long existent in U.S. immigration law and a valid means to a green card when properly used. Employment-based sponsorship in U.S. immigration is divided into several preference categories, with the Employment-Based Third category being reserved for sponsorship for positions requiring:
The process of employment-based sponsorship in the EB-3 category entails a three step process:
1. A PERM application is processed and filed by the employer with the DOL. The process involves the U.S. employer engaging in various methods of recruitment to find U.S. workers for the position. This is because the DOL’s main purpose is to ensure that U.S. workers get preference for jobs. The DOL determines the prevailing wage rate for the position that the employer is required to pay. Only after recruitment is completed, and if the employer can show that it was not able to find minimally qualified, able, or willing U.S. workers for the position, would the DOL certify and approve a PERM application. If the sponsoring organization receives applications from interested individuals in the U.S. in response to the ads but does not review and interview the applicants or disclose receiving the applications to the DOL, the sponsoring company and all persons involved in the process can be subject to enforcement action.Continue Reading Permanent Residency Through the EB-3 Program: What’s Lawful and What’s Not
Greenberg Traurig EB-5 attorney Kate Kalmykov has been traveling throughout Asia over the past several weeks meeting with agents, local media (access to recent interview here) and GT EB-5 clients. Kate’s meetings in Shenzhen, Guangzhou, Hangzhou, Fuzhou, Hong Kong, Hanoi, Ho Chi Minh City and Siem Reap Cambodia have revealed, among many other things,
On Wednesday, March 12, 2014, from 7:30pm to 9:00pm eastern standard time (7:30am Vietnamese local time March 13, 2014), USCIS will conduct a Vietnamese-language public engagement. This will be the first Vietnamese-language engagement conducted by USCIS. USCIS will conduct a presentation and then a question and answer session, all in Vietnamese. The presentation will revolve
Our more than 20 EB-5 attorneys are busy meeting with clients and prospective clients around the world. This Summer and Fall, GT’s attorneys have worked and continue to work for our clients throughout Asia and the Middle East.