Immigration Law

Recent Posts

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

USCIS EB-5 Regional Center Alert (June 30, 2021)
Posted on 30 Jun 2021 by Daniel M. Kowalski

USCIS, June 30, 2021 "Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program will expire at midnight on June 30, 2021, unless Congress reauthorizes it. A lapse in authorization does not affect EB-5 petitions filed... Read More

Tags: eb-5 , USCIS

Court Invalidates July 2019 EB-5 Final Rule: Behring RC v. Wolf
Posted on 23 Jun 2021 by Daniel M. Kowalski

Behring RC v. Wolf "Behring Regional Center, LLC, a California-based Regional Center that sponsors capital investment projects using funds from foreign investors who are EB-5 Immigrant Investor Program applicants, brings this Administrative Procedures... Read More

Tags: eb-5

USCIS EB-5 Q&A (Dec. 2020)
Posted on 21 Jan 2021 by Daniel M. Kowalski

USCIS, Dec. 2020 - General Questions and Answers Read More

Tags: eb-5 , USCIS

EB-5 Victory at CADC: Zhang v. USCIS
Posted on 27 Oct 2020 by Daniel M. Kowalski

Zhang v. USCIS "Certain visas are available to prospective immigrants who invest capital in the United States. A longstanding regulation, promulgated in 1991, defines the required capital to include cash or indebtedness secured by the immigrant’s... Read More

Tags: eb-5 , zhang , kurzban

Major EB-5 Victory: Mirror Lake Village v. Wolf (CADC)
Posted on 24 Aug 2020 by Daniel M. Kowalski

Mirror Lake Village v. Wolf "The plaintiffs in this case are Mirror Lake Village, LLC, a new commercial enterprise set to construct and operate a senior living facility in rural Washington, and five foreign nationals who each contributed $500,000... Read More

Tags: eb-5

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