Immigration Law

Recent Posts

USCIS EB-5 Policy Alert (July 24, 2020)
Posted on 24 Jul 2020 by Daniel M. Kowalski

USCIS, July 24, 2020 - Clarifying Guidance for Deployment of Capital in Employment-Based Fifth Preference (EB-5) Category "U.S. Citizenship and Immigration Services (USCIS) is issuing clarifying policy guidance in the USCIS Policy Manual regarding... Read More

EB-5 Investor Visa Expert Comments on Coming Changes
Posted on 21 Oct 2019 by Daniel M. Kowalski

Keith Larsen, The Real Deal, Oct. 21, 2019 "EB-5 has gotten a jolt of life, but experts say the program could soon flatline. New federal regulations will nearly double the minimum dollar amount that all foreign visa-seekers must plow into development... Read More

CA9 on Rights of Derivative EB-5 Beneficiaries: Mu v. Barr
Posted on 4 Sep 2019 by Daniel M. Kowalski

Mu v. Barr "Derivative beneficiaries of an alien entrepreneur in the immigrant investor program (EB-5 program), who receive conditional legal permanent resident (“LPR”) status, are entitled to the same review rights in removal proceedings... Read More

Tags: eb-5

Expert Predicts 'Surge' then 'Decline' due to EB-5 Investor Visa Rule Changes
Posted on 25 Jul 2019 by Daniel M. Kowalski

Shilpa Phadnis, TNN, July 25, 2019 "The US Citizenship & Immigration Services (USCIS) has just announced an increase in the standard minimum investment amount to $1.8 million, from $1 million. For high unemployment areas, the amount has been... Read More

EB-5 Investor Visa Final Rule
Posted on 24 Jul 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 "This final rule amends Department of Homeland Security (DHS) regulations governing the employment-based, fifth preference (EB–5) immigrant investor classification and associated... Read More

Expert: EB-5 Investor Visa Program Needs Clarity from Congress, USCIS
Posted on 28 Dec 2018 by Daniel M. Kowalski

Jodi Xu Klein, South China Morning Post, Dec. 29, 2018 - "With a sharp uptick in Chinese applications for the visa programme known as EB-5, waiting times for applicants to obtain US residency have tripled to as long as 15 years. But the programme... Read More

EB-5 Victory: Zhang v. USCIS
Posted on 5 Dec 2018 by Daniel M. Kowalski

Zhang v. USCIS - "[T]he essential issue is whether lawfully-obtained, loan proceeds invested in the enterprise as cash are properly characterized as “cash” or as “indebtedness” pursuant to 8 C.F.R. § 204.6(e). Because... Read More

Expert Predicts Congress Will Extend EB-5 Investor Visa Program
Posted on 30 Nov 2018 by Daniel M. Kowalski

Mary Diduch, National Real Estate Investor, Nov. 30, 2018 - "I predict that Congress will extend EB-5 again without any changes … maybe in the spring everybody can agree on a reform package that Congress can enact,” says Stephen Yale... Read More

USCIS Policy Alert: Immigrant Investors and Debt Arrangements (Oct. 30, 2018)
Posted on 30 Oct 2018 by Daniel M. Kowalski

USCIS Policy Alert : Immigrant Investors and Debt Arrangements (Oct. 30, 2018) - " This update to Volume 6 of the Policy Manual clarifies which redemption agreements are considered debt arrangements." Read More

Expert: Temporary Extension Expected for EB-5 Investor Visa Program
Posted on 26 Sep 2016 by Daniel M. Kowalski

Paul Welitzkin, China Daily USA, Sept. 26, 2016 - "The EB-5 investor immigrant program that is popular with Chinese is expected to get a temporary extension when Congress acts on legislation to fund the operation of the US government until Dec. 9... Read More

Tags: eb-5 , yale-loehr

PBS Newshour Podcast on EB-5
Posted on 15 May 2015 by Daniel M. Kowalski

"Millions each year apply for U.S. visas, hoping it will be the ticket to a better life. The process often takes years, and there are few guarantees of success. But what if you could buy your way to the front of the line? One visa allows investors... Read More

Tags: eb-5 , pbs

Expert: Congress Will Probably Renew EB-5 Investor Visa Program
Posted on 22 Sep 2015 by Daniel M. Kowalski

Alana Semuels, The Atlantic, Sept. 21, 2015 - "Getting an EB-5 visa might get a little bit harder, though, depending on what Congress decides to do next. [ Cornell law professor and LexisNexis expert author Stephen] Yale-Loehr thinks there’s... Read More

Groups Urge EB-5 Investor Visa Program Reform - Letter to Congress
Posted on 7 Jul 2016 by Daniel M. Kowalski

IIUSA, U.S. Chamber of Commerce, Real Estate Roundtable, EB-5 Investment Coalition, and American Immigration Lawyers Association, July 5, 2016 - "IIUSA joined leading EB-5 trade associations/coalitions ( U.S. Chamber of Commerce , Real Estate Roundtable... Read More

Tags: eb-5 , Congress

Expert: Congress May Not Have Time to Change EB-5 Investor Visa Rules - Cornell Law Prof. Stephen W. Yale-Loehr (Law360)
Posted on 19 Sep 2016 by Daniel M. Kowalski

Allissa Wickham, Law360, Sept. 16, 2016 - "“I think that there is serious concern about the EB-5 program, and people want to make reforms. But I think that people realize that it's too much to expect that Congress can make those reforms... Read More

SEC Says Oil Co. Targeted EB-5 Investors In $68M Scheme - Law360
Posted on 7 Jul 2015 by Daniel M. Kowalski

Law360, Los Angeles (July 6, 2015, 10:24 PM ET) -- "The U.S. Securities and Exchange Commission on Monday accused a Bay Area oil and gas company and its CEO of running a $68 million "Ponzi-like" scheme that targeted the Chinese-American... Read More

Tags: ponzi , luca , eb-5 , SEC , yang