Immigration Law

Recent Posts

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 No. The EB-5 Reform and Integrity Act of 2022 repealed the...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

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

AAO Overturns Termination of EB-5 Regional Center: Matter of P.A.S., LLC, ID# 513109 (AAO Dec. 21, 2017)
Posted on 21 Dec 2017 by Daniel M. Kowalski

Matter of P.A.S., LLC, ID# 513109 (AAO Dec. 21, 2017) - "We find that the positive indicia here outweigh the negative and, thus, conclude that the Applicant continues to promote economic growth and warrants preservation of its regional center designation... Read More

SEC Granted TRO in Wa. EB-5 Regional Center Lawsuit: SEC v. Path America
Posted on 25 Aug 2015 by Daniel M. Kowalski

Here is a link to a PDF combining the Complaint (pages 1-17) and the TRO (pages 18-27) issued Aug. 24, 2015 in SEC v. Path America, No. 2:15-cv-01350-JLR, W.D. Wa. Excerpts: "Since February 2012, defendants Lobsang Dargey; Path America, LLC; Path... Read More

President Signs S.3245 into Law, Extending EB-5 Regional Centers, E-Verify, Religion Workers, and Conrad State 30 J-1
Posted on 28 Sep 2012 by Daniel M. Kowalski

"On Friday, September 28, 2012, the President signed into law S. 3245, which extends to September 30, 2015, the expiration dates of key requirements of four immigration programs administered by the Department of Homeland Security: the EB-5 Regional... Read More

AAO: EB-5 Regional Center De-Certified; Job Creation vs. Job Preservation
Posted on 14 Feb 2012 by Daniel M. Kowalski

"The applicant's argument that the IWWTF will be a ghost plant if it does not obtain bridge financing is inherently an argument that touches on preservation of jobs, not creation of jobs. The regulation at 8 C.F.R. § 205.6(j)(4)(ii) allows... Read More

EB-5 'investor visa' program a boon for development funding
Posted on 8 Jan 2012 by Daniel M. Kowalski

"When Andrew Kimball needed $60 million to help redevelop the Brooklyn Navy Yard in 2009, the president of the 300-acre industrial park boarded a plane for China. Halfway around the world, he made a compelling pitch to potential investors packing... Read More

EB-5 investor visa can lead to green card
Posted on 12 Dec 2011 by Daniel M. Kowalski

"As his son moved through high school, Xiaohong Mu began researching the immigration policies of Western countries where he believed his boy would get the best education. The owner of a petroleum-engineering firm in the southwest Chinese city... Read More

Impact of EB-5 Retrogression on the Regional Center Loan Model: Cyrus D. Mehta
Posted on 22 Sep 2014 by Daniel M. Kowalski

"The China EB-5 retrogression will result in other unique problems not experienced in other immigrant visa preference categories. Most EB-5 regional center investments are based on a loan rather than an equity model . EB-5 investors invest into the... Read More

SEC Sues Chicago EB-5 Regional Center, Anshoo Sethi: Massive Fraud Alleged
Posted on 11 Feb 2013 by Daniel M. Kowalski

"The Securities and Exchange Commission today announced charges and an asset freeze against an individual living in Illinois and two companies behind an investment scheme defrauding foreign investors seeking profitable returns and a legal path to... Read More

EB-5 Investor Visa Program A First For Maine
Posted on 26 Oct 2011 by Daniel M. Kowalski

"A new federal program in Franklin County that allows the state to offer green cards and permanent residency in exchange for foreign investment in Maine businesses was hailed Tuesday as a job creator. State Department of Economic Development... Read More