LexisNexis® Legal Newsroom
Demand from China Soaks Up EB-5 Visa Quota

"Due to a surge in Chinese participation, the U.S. for the first time is on course this fiscal year to run out of immigrant-investor visas that offer a fast track to permanent residency. Started 24 years ago, the EB-5 program allots 10,000 visas annually to foreigners who invest at least $500,000...

EB-5 Investor Visa Program Maxed Out by Chinese Demand

"Steven Yale-Loehr, an immigration professor at Cornell University, said he expects the EB-5 investment boom to now slow down considerably. "It's been like a four-lane expressway and now it's going back down to two," he said. Because the visa program serves as a funding mechanism...

Expert: Despite Backlogs, EB-5 Investor Visa Program a 'Four-Way Win'

"For the first time in its 24-year history, an immigration program that grants visas to foreigners who invest at least half a million dollars in a U.S. business has nearly run out of visas for the fiscal year—largely because of unprecedented demand from Chinese applicants. ... The increased...

Expert: EB-5 Investor Visa Cap Won't Deter Chinese

"This summer, the State Department announced that it was on track to meet its limit of 10,000 EB-5 visas and promptly stopped issuing the visas to Chinese investors until Oct. 1. But the pause is unlikely to dissuade Chinese visa seekers, experts said. “The increased popularity of the EB-5...

USA, PRC Extend Visa Validity Periods for Students, Tourists, Business Visitors

"Today, President Obama announced that the United States and the People’s Republic of China are concluding a reciprocal visa validity arrangement during his visit that will strengthen our ever-broadening economic and people-to-people ties. Both countries have agreed to increase the validity...

Revised NIV Reciprocity Schedule for China - Nov. 2014

"Effective immediately, the reciprocity schedule for Chinese nationals is revised for the B-1, B-2, B-1/B-2, F-1, F-2, J-1, J-2, M-1, and M-2 nonimmigrant visa (NIV) categories. All other visa validities for nationals of China will remain unchanged. Please note the changes (old figures in parenthesis...

CA2 on China, Persecution, Coercive Population Control: Chen v. Holder

"Substantial evidence here supports the agency’s finding that Chen failed to demonstrate that the imposition of a severe fine deprived him of the basic necessities of life or impoverished him before he left China. Accordingly, we deny review of the BIA’s past persecution ruling. The...

CA11 on China, Persecution: Huang v. Holder

"It’s not always enough to say that you did something. Sometimes, you have to show it as well. Or at least you have to not do something else that may raise a question as to whether you did what you said you did. In this petition, the Board of Immigration Appeals affirmed the Immigration...

EB-5 Hot Topics: China, Retrogression and More - Bernard Wolfsdorf

"Two events have recently impacted the popular EB-5 program and many are anxious to understand their impact. The Chinese economy has slowed from a dizzying double digit annual GDP growth rate, down to about 7.5% and, as a result, real estate prices have slowed. In addition, the anti-corruption campaign...

China EB-3 EW Priority Date Victory: Xie v. Kerry

[ Xie v. Kerry , 21 F. Supp. 3d 89 (D.D.C. 2014) reversed.] "The D.C. Circuit axed a win for the U.S. Department of State on Monday in a suit accusing it of illegally slowing down reviews of certain Chinese individuals' visa applications, saying the plaintiff deserved to have her claim examined...

China EB-5 Cut-off Update: May 2015 or June 2015 - That is the Question?

"The Department of State April Visa Bulletin has now clearly stated that, “The establishment of [the China EB-5 cut-off] date can be expected no later than June [2015]”. Item D of the February 2015 Visa Bulletin advised that the expected increase in demand would require the establishment...

LexisNexis Investor Visa Expert: Real Estate the "Most Common EB-5 Project"

"Experts in the EB-5 program say it’s become common for former politicians, their relatives and other celebrities to trade on their names, because foreign investors — especially those from cultures like China in which business and politics are deeply intertwined — believe that...

Wolfsdorf Practice Advisory on EB-5, China Cutoff, CSPA, Age-Out

"Yesterday, I presented the panel discussion at the IIUSA meeting in Washington, D.C. with Charlie Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State. He announced the establishment of China EB-5 Cut-off date of May 1, 2013 . This China cut-off date will...

China, US to Streamline Repatriation

"China and the United States agreed to coordinate efforts to send suspected corrupt Chinese officials back to the mainland and speed up deportation proceedings involving Chinese nationals in the US. Both sides have agreed to streamline the repatriation process as a result of a meeting last week...

Wolfsdorf on China EB-5 Cutoff Date Problems; Apr. 22, 2015

On April 22, 2015 Bernard Wolfsdorf posted two pieces on his blog about China EB-5 cutoff date problems, here and here .

Security Checks Make Immigration to USA Difficult - LexisNexis Expert Author Stephen Yale-Loehr

"Legal experts say that corrupt officials have chosen the United States and Canada as their escape haven because the quality of life is simply better. On Wednesday, Beijing’s anti-graft watchdog released a detailed list of 100 fugitives as a part of its “Sky Net” anti-corruption...

Unpub. BIA Asylum Remand Victory; China

"Upon our de novo review, we will reverse the Immigration Judge's conclusion that the harm the lead respondent experienced does not rise to the level of persecution. ... We will remand for the Immigration Judge to allow the Department of Homeland Security (DHS) an opportunity to rebut the presumption...

CA7 on Credibility, China: Liu v. Lynch

"Hongting Liu, a Chinese citizen in her mid-twenties, petitions for review of the denial of her application for asylum and withholding of removal based on religious persecution. Because substantial evidence does not support the Immigration Judge’s (IJ) adverse credibility finding, which was...

Experts Speculate on Outcome in Chinese Fugitive Case

"As China's most-wanted economic fugitives sits in a New Jersey jail seeking asylum in the United States, legal observers say the US and China may resolve her status through diplomacy. The first hearing for Yang Xiuzhu took place on Tuesday at an immigration court in Manhattan. The 30-minute...

Retrogression in August 2015 Visa Bulletin

"CHINA - MAINLAND BORN EMPLOYMENT THIRD, AND THIRD OTHER WORKER VISA AVAILABILITY There was an extremely large increase in applicant demand reported for consideration in the determination of the August cut-off dates. Therefore, it has been necessary to retrogress the Employment Third, and Third...

CA7 Asylum Remand: Wang v. Lynch

"On remand the Board must assess two matters in the first instance. ... First it must decide whether Wang’s attempted interference with the family-planning officials, when they came to his house threatening to implement population-control measures, qualifies as “other resistance.”...

Expert: 85% of EB-5 Investors from China

Rosalie Murphy, Desert Sun, Oct. 30, 2015 - " At least 85 percent of EB-5 investors come from China, according to Cornell University immigration law professor Stephen Yale-Loehr . Part of the appeal of immigrant investor programs such as EB-5, he explained, is that investors can secure visas not...

Expert: Almost 90% of EB-5 Investors from China

China Daily, Mar. 9, 2016 - "Investors from China currently account for almost 90 percent of all EB-5 investors," Stephen Yale-Loehr, a law professor at Cornell University , told China Daily. ... Originally, few people immigrated to the U.S. using EB-5. As late as 2008, only 1,000 people a...

$100K Penalty in AECA, ITAR Violation Settlement: In re Microwave Engineering Corp.

Law360, June 22, 2016 - "The U.S. State Department’s Directorate of Defense Trade Controls has posted a settlement with a Massachusetts-based microwave components company, which agreed to pay a $100,000 penalty after a self-disclosed export violation of allowing a Chinese employee with an...

No Longer So Fast! EB-1 Retrogression For Indian- And Chinese-Born Foreign Nationals: Cyrus D. Mehta and Anand G. Sinha

Cyrus D. Mehta and Anand G. Sinha, July 18, 2016 - "One does not need a degree in public policy or law to understand the basic premise behind the concept that the United States ought to make the attraction of the best and brightest individuals a paramount immigration policy. By enabling the most...