Immigration Law

Recent Posts

USCIS Policy Alert: EB-5 Reform and Integrity Act of 2022
Posted on 7 Oct 2022 by Daniel M. Kowalski

USCIS, Oct. 6, 2022 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022. ... Policy Highlights • Incorporates... Read More

Tags: eb-5 , USCIS

Settlement Reached in EB-5 Regional Center Litigation: Behring II
Posted on 26 Aug 2022 by Daniel M. Kowalski

EB5 Capital v. DHS "Previously Approved Regional Centers Retain Approval ... Previously Approved Regional Centers May Immediately File Project Applications and USCIS Must Thereafter Accept Investor Petitions ... Previously Approved Regional Centers... Read More

Tags: eb-5

Court Enjoins USCIS: Behring Regional Center v. Mayorkas
Posted on 27 Jun 2022 by Daniel M. Kowalski

Behring Regional Center v. Mayorkas "In March 2022, Congress enacted the Reform and Integrity Act, which reauthorized and revamped the system governing so-called regional centers—entities that pool investments from foreign visa applicants... Read More

USCIS Publishes Two New Forms for Regional Center Program
Posted on 13 May 2022 by Daniel M. Kowalski

USCIS, May 13, 2022 - "On Friday, May 13, 2022, U.S. Citizenship and Immigration Services (USCIS) published two new forms: Form I-956, Application for Regional Center Designation , and I-956H, Bona Fides of Persons Involved with Regional Center Program... Read More

USCIS Claims EB-5 Regional Centers Must Reapply
Posted on 2 May 2022 by Daniel M. Kowalski

USCIS, Apr. 29, 2022, Q&A " Are previously designated regional centers able to maintain their designation without filing a Form I-956, Application for Regional Center Designation? No. The EB-5 Reform and Integrity Act of 2022 repealed the... Read More

DOS on EB-5 (Apr. 12, 2022)
Posted on 13 Apr 2022 by Daniel M. Kowalski

DOS, Apr. 12, 2022 "On March 15, 2022, President Biden signed a law that made changes to the EB-5 program, authorized a new EB-5 Immigrant Investor Regional Center Program, and directed that certain “grandfathered” immigration benefits... Read More

The EB-5 Regional Center Program: Rise of the Phoenix
Posted on 22 Mar 2022 by Daniel M. Kowalski

Nicolai Hinrichsen, Stephen Yale-Loehr and Adam Schaye, Mar. 21, 2022 "...Like a phoenix rising from the ashes, the regional center program has been resurrected. On March 15, 2022, President Biden signed a $1.5 trillion omnibus spending bill that... Read More

Expert: EB-5 Investor Visa Program Can Be "Somewhat Opaque"
Posted on 17 Mar 2022 by Daniel M. Kowalski

Hugo Martín, Los Angeles Times, Mar. 14, 2022 "In an aging Hollywood neighborhood known for its dive bars, pawn shops and tattoo parlors, three luxury hotels and a private events center opened over the last five years, with the help of millions... Read More

Congress Reauthorizes EB-5 Regional Center Program
Posted on 13 Mar 2022 by Daniel M. Kowalski

EB-5 Daily, Mar. 11, 2022 "The EB-5 Regional Center Program expired in June 2021. Since then, the EB-5 Regional Center Program has been in purgatory, with applicants unsure of their status and rights. As of earlier this week, the United States... Read More

Automatic Increase of EB-5 Investment and Revenue Amount Requirements (Oct. 1, 2021)
Posted on 11 Sep 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 09/13/2021 "ACTION: Final rule; technical amendment. SUMMARY: On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case... Read More

USCIS EB-5 Policy Alert (July 22, 2021)
Posted on 23 Jul 2021 by Daniel M. Kowalski

USCIS, July 22, 2021 - Immigrant Investors and Investment of Loan Proceeds "Noncitizens may seek an immigrant visa based on their investment in a new commercial enterprise in the United States if they meet certain related minimum investment and... Read More

Tags: eb-5 , USCIS

USCIS Policy Manual Technical Update: EB-5 Modernization Rule Vacatur
Posted on 16 Jul 2021 by Daniel M. Kowalski

USCIS, July 15, 2021 "This technical update explains that on June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf , 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization... Read More

CADC on EB-5 Visa Numbers: Wang v. Blinken
Posted on 9 Jul 2021 by Daniel M. Kowalski

Wang v. Blinken "The Immigration and Nationality Act makes a limited number of visas available to foreign investors who create jobs in the United States. It also grants investors’ spouses and children the “same status” and “same... Read More

Tags: eb-5

FAQs on the June 2021 EB-5 Program Changes
Posted on 7 Jul 2021 by Daniel M. Kowalski

H. Ronald Klasko and Tammy Fox-Isicoff, July 6, 2021 "The EB-5 Immigrant Investor Program saw two very important changes in June 2021. Below are the most common questions our EB-5 visa lawyer team members have been answering as the industry adjusts... Read More

Tags: eb-5

Expert: Lapse of EB-5 Regional Center Program Will Hurt "Tens of Thousands" of Investors
Posted on 1 Jul 2021 by Daniel M. Kowalski

July 1, 2021 - Due to obstruction by Sen. Lindsay Graham (R-SC), a bipartisan bill to keep the Regional Center portion of the USCIS EB-5 Investor Visa program failed. More here and here . Cornell Law School professor and EB-5 expert Stephen W. Yale-Loehr... Read More