09 Dec 2021

Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?

Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...

14 Oct 2021

November 2021 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the November 2021 Visa Bulletin. This month's visa bulletin includes some bad, but not unexpected, news regarding retrogression in the employment-based, third preference (EB3) category. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for...

15 Jul 2021

I invested in a regional center and filed my EB5 case several years ago. It was approved a few months ago, so I filed my I-485 application, along with my EAD application. Will the USCIS continue to adjudicate my applications, even though the regional center program has expired?

Answer For now, the USCIS will not adjudicate any I-485 applications filed based on an I-526 petition, where the investment was made in a regional center. Assuming Congress renews the program, the USCIS is expected to resume processing these I-485 applications.As for the EAD application (form...

08 Jul 2021

Both of my brothers are U.S. citizens, and they are looking to build a new motel. If I invest $500,000 in this motel, and it creates 10 jobs, can I use that to apply for a green card through the EB5 program? Or, do we have to create more than 10 jobs, since there are multiple investors?

Answer Assuming the business is located in a targeted employment area (TEA), it may be possible to invest $500,000 in this business and apply through the EB5 program. If multiple people invest in a business, the business must create ten new jobs per EB5 investor. So,...

05 Jul 2021

July 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim provided some updated predictions for the rest of fiscal year 2021 (FY21), which runs through September 30,...