What do the “Final Action Date” and “Dates for Filing Applications” mean on the Visa Bulletin?

In September 2015, the Department of State (DOS) and USCIS jointly announced a new procedure that allowed family and employment-based immigrant visa applicants currently waiting for a visa to start their immigration process or apply for adjustment of status before their Priority Date becomes available.

In visa categories which are oversubscribed, meaning that there is higher demand for visas than there are available, an applicant’s place in line is based on the date a petition is filed; called the Priority Date. DOS updates the Priority Dates monthly and publishes them in the DOS Visa Bulletin. USCIS also uses the Visa Bulletin for applicants who are eligible to adjust their status in the United States.

Beginning with the October 2015 Visa Bulletin, there are now two charts listing dates for each preference category and country of chargeability: (1) An "Application Final Action Dates" chart ("Final Action Date"); and (2) a "Dates for Filing Applications" chart ("Filing Date").

Visa Bulletin For September 2019.

Applicants with Priority Dates earlier than the date listed on the "Filing Date" chart (also known as Table B) for their preference category and country of chargeability will be notified by the National Visa Center that they may submit their documentation and begin the application process. However, an interview and final decision on the application cannot take place until the Priority Date is current as per the Final Action Date (also known as Table A).

For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). This means that applicants can begin their visa application process and submit their documentation if their Priority Date is on or before March 8, 2007. But they will still have to wait until their Priority Date on Table A becomes current before they can receive a visa.

The implementation of this new Filing Date chart was to create better efficiency for both applicants, who can begin to prepare their application in advance, and for better allocation of visas each month by the State Department. 

If you are in line waiting for a visa to become available, pay attention to the Filing Date chart to know when you can begin the application process, but understand you might still need to wait many more months before your visa number becomes available. 

For more information about the visa bulletin, contact us at …

ENTERLINE & PARTNERS CONSULTING

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David Enterline Speaks at EB-5 Seminar in Bien Hoa

David Enterline, Esq., of Enterline and Partners Consulting spoke at an EB-5 seminar at the Mira Central Park Hotel in Bien Hoa on August 11, 2019.

In addition to introducing how to qualify for EB-5 investor visa and the overall process, Mr. Enterline further discussed upcoming changes to EB-5 visa based on new regulations which will go into effect on November 21, 2019. The most important change for investors will be an increase of the minimum investment amount from US$500,000 to US$900,000. Investors who are considering applying for EB-5 should act now before the increase takes effect.

For more information about EB-5, contact us at:



ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
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New Rule on Public Inadmissibility Charge Released by The U.S. Department of Homeland Security

On 12 August 2019, U.S. Department of Homeland Security (DHS) announced the publication of its new rule on public charge. In addition to the long standing requirements that intending immigrants must be able to show that they are able to financially support themselves either through a sponsor, their own assets or a combination of both, the new rule penalizes an individual who receives one or more public benefits for more than 12 months in the aggregate within any 36 month period. Public benefits include supplemental food assistance, medicaid, public housing, etc. The new rule extends the term “public charge” to incorporate the types of public benefits an individual receives.

Highlights of the new rule include the following:

1. The rule will not apply to immigrants who have been receiving public benefits prior to the rule’s enactment. It will only apply to immigrant applications 60 days from the date of publication. 
2. The rule closely examines an immigrant’s work history and will consider an immigrant who acts as a “primary caregiver” or stay-at-home parent for a child or person with a disability and which may not result in a penalty. 
3. An immigrant’s credit score will be closely examined. 
4. The ability to speak and understand English will be considered. 
5. The Form I-864 Affidavit of Support will be minimized (applies to incoming immigrants who are being sponsored) and instead, DHS will question “the likelihood that the sponsor will actually provide the required financial support to the incoming immigrants”. Within this determination, DHS will consider the sponsor’s finances, the relationship to the immigrant and whether the sponsor has signed other I-864 Affidavit of Support documents. 

For more information, contact us today to schedule a consultation with experienced U.S. immigration attorneys.

ENTERLINE & PARTNERS CONSULTING

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Tel: 0933 301 488

Email: info@enterlinepartners.com

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USCIS Will Leave 7 International Offices Open

In rare bit of positive news from the U.S. Citizenship and Immigration Service (USCIS), the agency has announced plans to maintain operations in seven international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; New Delhi, India; Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador. This is a shift from the original plan announced earlier this year to close all international field offices by early 2020. 

USCIS plans to close the remaining thirteen international field offices and three district offices between now and August 2020. The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September, although the office in Manila, Philippines has already ceased operations. The office in Bangkok, Thailand appears to remain on the list of one of the thirteen offices to be closed. 

Many functions currently performed at international offices will be handled domestically or by USCIS domestic staff on temporary assignments abroad. 

As part of this shift, the Department of State (DOS) will assume responsibility for certain in-person services that USCIS currently provides at international field offices. At this time it is unclear yet how the closings will impact those needing services in East and South East Asia once all but the China offices are closed. 

For more information about the closing of your local USCIS offices as well as the effects on your visa application matter, contact us today to schedule a consultation with experienced U.S. immigration attorneys.

ENTERLINE & PARTNERS CONSULTING

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Tel: 0933 301 488

Email: info@enterlinepartners.com

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What is an I-864 Affidavit of Support?

A USCIS Form I-864 Affidavit of Support is required for many immigrant visa categories in order to show that the sponsoring petitioner (“Sponsor”) and/or immigrant has adequate means of financial support.

The I-864 is a contract between the Sponsor and the U.S. Government. By providing financial documentation showing that they have enough income or assets and in order to financially provide for the intending immigrant(s). 

The following immigrants are required to submit a Form I-864 completed by the Sponsor in order to qualify for an immigrant visa at a U.S. Embassy or Consulate abroad:

• All immediate relatives of U.S. citizens (spouses, parents, children under the age of 21);
• All family-based preference immigrants (unmarried sons and daughters of U.S. citizens 21 years and above, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, brothers and sisters of U.S. citizens);
• Certain employment-based preference immigrants.

For more information or questions on filing an I-864 Affidavit of Support, contact us today and speak with one of our experienced U.S. immigration attorneys. 

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
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If You Are Convicted of a Crime, Will You Be Barred From Immigrating to the United States?

U.S. immigration law classifies certain criminal offenses as a “crime involving moral turpitude” (CIMT). If a foreign national is convicted of a CIMT or admits to the commission of a CIMT whether the crime was committed in the United States or abroad, it may render him or her inadmissible to immigrate to the United States. The most common CIMT offenses are fraud, larceny, or the intent to harm persons or things. Determining whether an offense is a CIMT is based on statutory conviction or admission which involves moral turpitude. The presence of moral turpitude is determined by the nature of the statutory offense for which the person was convicted or made the admission, particularly in the wording of the specific law that the foreign national was convicted under and not by the specific acts of the conviction. 

If found to be inadmissible because of a CIMT, a waiver of inadmissibility may be available. When adjudicating a waiver, the U.S. Department of Homeland Security, will look to determine if any of the following elements exist:

1. The criminal activities which rendered the foreign national inadmissible occurred more than 15 years before the date of the immigrant visa application; or
2. The foreign national’s admission to the United States would not be contrary to the national welfare, safety, or security and the foreign national has been rehabilitated.

Waivers are not available for foreign nationals who have been convicted of (or has admitted to committing acts that constitute) murder, criminal acts involving torture, or conspiracy to commit either murder or criminal acts involving torture. 

For more information on whether a certain crime is considered to be a crime involving moral turpitude, contact us to schedule a consultation session with a U.S. immigration attorney. 

ENTERLINE & PARTNERS CONSULTING

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What Can I Do If I am Given a Section 214(b) Refusal for a U.S. Visa?

All U.S. visa applicants applying for a non-immigrant visa are required to demonstrate to the consular officer’s individual satisfaction that they are eligible. Since outside documentation such as bank statements, property title deeds, vehicle registration, letters of recommendation, invitation letters, are normally not reviewed by the consular officer unless specifically requested, applicants who are unable to meet the burden that they are eligible for a U.S. visa are issued a Section 214(b) refusal. If an applicant is refused a visa, the only is to re-interview since a refusal for a non-immigrant visa cannot be reviewed or appealed. Thus, the applicant must pay another visa processing fee and submit a new DS-160 Online Application. However, the applicant can use the r the new DS-160 U.S. as a way to establish why they should be issued a visa. 

If you have been issued a Section 214(b) refusal for a U.S. visa and would like to consult with a U.S. immigration attorney for expert advice on how the DS- 160 Online Application can be used to support your reapplication, contact us today. 

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
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Information Seminar - What does the new EB-5 regulation mean and how will it affect me and my investors?

Wednesday, July 31st, 2019, 10:00 am – Enterline and Partners Consulting Office, 1A Cong Truong Me Linh, District 1, HCMC

As you know, the EB-5 Immigrant Investor Program Modernization regulation is scheduled to become effective on November 21, 2019. While some of the regulation is very clear, such as an increase to the minimum investment amount to US$900,000 Targeted Employment Area (“TEA”) and in a Non-TEA to $1.8 million, there are still many issues that are not so clear or obvious. 

Join us for an informational seminar where we discuss such issues as:

‘1. What happens to my Project after November 21st? Will it still qualify in a TEA? Can the project obtain funding and complete the project? What happens to existing investors if it fails to do so?

2. What effect will this have on my existing investors who have already filed an I-526 Petition? What if my project changes its offering documents to allow for the increased investment amount?

3. The rush to file petitions before November 21st – what are the risks? Recent USCIS policy in denying incomplete petitions. 

4. Will this regulation actually take effect in November? What might happen between now and then to stop or delay it?

5. How to make sure your investor can qualify for the lower investment amount? What are the potential problems, e.g., timing of investment and using an escrow; is the project still in a TEA?

6. How does the regulation relate to the September 30th sunset of the Immigrant Investor Program?

7. What does it mean to “retain the Priority Date” of an earlier approved petition? Does my investor have to invest more money? At what amount? 

Many of the answers to these questions are not so clear and there are many other questions which have not even been asked. Join us for a discussion of these questions and answers from our experienced EB-5 lawyer David Enterline.

This event is unlimited registration, contact at:

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

How Important is the DS-160 Online Application When Applying for a U.S. Visa?

For certain U.S. visas, specifically, a B-1/ B-2 visitor visa (commonly known as a tourist visa), the DS-160 online application is the most important part of the U.S. visa process. Not only does the DS-160 require important personal information needed for a consular officer to adjudicate the visa application, it is the only document that the consular officer is required to review when determining if a person is eligible to receive a U.S. visa.

In the event that a person is refused a U.S. visa under Section 214(b) of the Immigration and Nationality Act, the DS-160 can also be used in a subsequent application to demonstrate that the U.S. visa applicant has sufficient ties to their home country in order to overcome their previous refusal. For example, the DS-160 specifically asks if an applicant has ever been refused a visa and provides space in order to explain the circumstances. Since the DS-160 does have a maximum number of characters that can be used, applicants are free to write in enough information as necessary to explain the events of the previous application and refusal which will hopefully give the consular officer a better understanding of the previous interview(s). Such explanation can be further used to show that the U.S. visa applicant has sufficient ties outside of the United States to which he or she would return and that would hopefully enable them to overcome a further refusal.

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

Regulation change to EB-5 will increase the minimum investment to $900,000

The EB-5 Immigrant Investor Program Modernization regulation was published in the Federal Register on July 24, 2019 and this final rule is scheduled to become effective on November 21, 2019. The most significant part of the final rule for investors is an increase to the minimum investment amount. The rule will increase the minimum investment amount in a Targeted Employment Area (“TEA”) from $500,000 to $900,000 and in a Non-TEA from $1 million to $1.8 million. 

Key points of the new regulation are: 

• An increase to the minimum investment amount in a Targeted Employment Area (“TEA”) from $500,000 to $900,000 and in a Non-TEA from $1 million to $1.8 million;
• The Department of Homeland Security / USCIS will have authority to designate TEAs;
• The USCIS will only allow the adjacent census tracts to be used in TEA determination;
• An investor can retain the Priority Date of an earlier-approved EB-5 Form I-526 Petition (“Petition”) for any subsequent approved EB-5 Petition under certain circumstances;
• Cities and towns with a population of 20,000 or more and that are outside of a Metropolitan Statistical Area with high unemployment are added in the TEA designation process;
• Sets a schedule of regularly scheduled adjustments every 5-years to both TEA and non-TEA investment amount.

The changes to the minimum investment amounts and new TEA determination rules should not apply to anyone who filed a Petition prior to November 21, 2019. While the regulation has been published, there is still a possibility that Congress might make legislative changes or that private individuals could challenge the regulations in the courts. The former does not seem likely as Congress has proven unable to have any consensus on new immigration laws and the latter might prove only a temporary postponement of the regulation. 

Anyone who is considering doing EB-5 to immigrate to the United States should give serious consideration to starting the process now in order to file before November 21, 2019. 

Starting on Nov. 21, people between I-526 approval and conditional permanent residence may be able to take advantage of the rule’s new priority date retention provision. (I’m still thinking about how much difference this provision can make, in practice.) Starting on Nov. 21, the I-829 process changes will affect anyone reaching the I-829 stage.

For more information, you can contact us at:

ENTERLINE & PARTNERS CONSULTING 

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC. 

Tel: 0933 301 488 

Email: info@enterlinepartners.com 

Website: http://enterlinepartners.com

Enterline and Partners Affiliate Office Successful in Expedited Processing for Same-Sex Couple at US Consulate in HK

We recently posted on Taiwan’s new same-sex marriage law and its limitations.

In a related case, we recently assisted an U.S. citizen and his same-sex spouse, who were married in the U.S. but living in Asia, in an expedited filing (I-130) directly with the U.S. consulate in Hong Kong. See our article about this process here. The expedited filing was accepted primarily based on a job transfer back to the U.S. After the filing was accepted, the U.S. citizen interviewed and his petition was approved in two days. The spouse then completed visa processing and received his visa (CR-1) three days after interviewing. The whole process from filing to approval took 5 weeks, as compared to 12-18 months for the normal process. 

For clients in Taiwan, or anywhere else in Asia, in similar situations – be it a job transfer or medical emergency – we are confident that we can replicate results for expedited processing if the appropriate documentation is available. If expedited processing is for some reason not an option, we can also assist in filing the required paperwork with USCIS in the United States. This, of course, takes longer. 

If you are interested in more information on our services, please contact us at info@enterlinepartners.com or +8493-330-14-88 and arrange to speak with one of our experienced U.S. immigration consultants or attorneys.

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

August Visa Bulletin - Vietnam Final Action Date Retrogresses

As expected, the Final Action Date for Vietnamese EB-5 investors has retrogressed to match that of mainland-born Chinese. The U.S. Department of State Visa Bulletin for August 2019 now indicates that EB-5 visa applicants from China, Vietnam, and India will be subject to the same Final Action Date of October 15, 2014. 

This is a result of both Vietnamese and Indian EB-5 investors having used up their respective share of the approximately 700 EB-5 visas (the ~7% per country cap) in fiscal year 2019. At this point, any EB-5 visas unused at the end of fiscal year 2019 will be given to Chinese investors waiting in line as of October 15, 2014. 

It is expected that Vietnam and India will remain subject to the same Final Action Date as China in the September 2019 Visa Bulletin. 

Some positive news for Vietnamese and Indian investors; the Final Action Date for those two countries should advance in October 2019 at the start of the new U.S. fiscal year when all countries begin to receive new EB-5 visas allocated for fiscal year 2020.

If you have questions about the EB-5 immigrant investor visa or how visas are calculated, please contact us at

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

Enterline and Partners hold Immigration Seminar for Vietnamese Entrepreneurs

Enterline and Partners Consulting partners David Enterline and Ryan Barshop held a seminar on 18 July 2019 in Ho Chi Minh City on U.S. nonimmigrant and immigrant visa categories for entrepreneurs and business people wanting to do business in the United States. 

Mr. Enterline and Mr. Barshop introduced the following U.S. visas:

• B-1/ B-2 Visitor Visa especially the use of the B-1 for business purposes
• L-1A Intracompany Transfer Visa
• E-1 and E-2 Treaty Trader and Treaty Investor Visas
• EB-1A Immigrant Visa for Individuals with Extraordinary Ability in the Science, Arts, Business, Education, or Athletics
• EB-1C Immigrant Visa for Multinational Executives or Managers
• EB-2 Immigrant Visa for Individuals with Exceptional Ability in the Science, Arts or Business and the National Interest Waiver
• EB-5 Immigrant Investor Visa

For the B-1/B-2 visa, Mr. Barshop discussed strategies for the visa application and how someone might overcome a previous denial. An energized and informative Q&A session followed. The seminar was well received by the attendees. 

If you have any questions about any of these visa categories, contact us at:

ENTERLINE & PARTNERS CONSULTING 

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC. 

Tel: 0933 301 488 

Email: info@enterlinepartners.com 

Website: http://enterlinepartners.com

When can I receive back my capital from my EB-5 investment?

I am often asked by my EB-5 clients “Can I receive back my investment after filing the Form I-829 Petition, or do I have to wait until my I-829 Petition is approved?”

If investors submit and seek approval of their I-829 Petition, then under current law and policy they should be able to safely receive back their investment after filing the I-829 Petition. 

The USCIS Policy Manual addresses the removal of conditions for EB-5 investors and has language that implies that once an investor has filed an I-829 Petition to remove the conditions from permanent resident status, the investment can be returned to the investor without waiting for the investor’s I-829 Petition approval. 

The Policy Manual – at Volume 6, Part G, Chapter 5 - Removal of Conditions states:

“USCIS considers the immigrant investor to have sustained the actions required for removal of conditions if he or she has, in good faith, substantially met the capital investment requirement and continuously maintained his or her capital investment over the sustainment period.” (emphasis added)

In a footnote following this sentence, the Policy Manual states:

“The sustainment period is the investor’s 2 years of conditional permanent resident status. USCIS reviews the investor’s evidence to ensure sustainment of the investment for 2 years from the date the investor obtained conditional permanent residence. An investor does not need to maintain his or her investment beyond the sustainment period.”

However, the Policy Manual does not explicitly say “once you file your I-829, you can receive back your investment”. Therefore, some in the EB-5 industry is conservative in advising that the safest action is to wait until final adjudication of the I-829 Petition. It is my opinion that the language “An investor does not need to maintain his or her investment beyond the sustainment period” – and the 2 years of conditional permanent resident status is the sustainment period – indicates that an investor can receive back his or her investment after filing the I-829 Petition. This conclusion is also consistent with the regulations governing the removal of conditions at 8 CFR 216.6 - Petition by an entrepreneur to remove the conditional basis of lawful permanent resident status.

If you have questions about the EB-5 immigrant investor visa, contact us at:

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

Email: info@enterlinepartners.com

Website: http://enterlinepartners.com

Enterline and Partners Speaks at Nha Trang Seminar for Grenada and E-2 Treaty Investor Visa

This past Saturday, July 13, 2019, Enterline and Partners lawyers Mr. David Enterline and Ms. Tham Tran attended a seminar in Nha Trang, Vietnam, promoting the Grenada citizenship by investment program and the E-2 Treaty Investor business visa to the United States. 

David and Tham were joined by a representative of the Kawana Bay group, Ms. Erin Nhien, who introduced Kawana Bay’s real estate investment opportunity in its Kimpton Hotel Resort at Kawana Bay, Grenada. A select VIP group of attendees learned of the benefits of becoming a Grenadian citizen, such as having a second passport, visa free entry to over ----- countries, 10 year U.S. visitor visas (B-1/B-2 visas) by making an investment in this beautiful real estate development. 

David introduced the E-2 Treaty Investor visa to the United States which allows a Grenadian citizen to open and operate a business in the United States in as little as 1 to 2 months and bring their family with them to the United States. 

Contact us at:



ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com
Website: http://enterlinepartners.com

Qualifying for I-130 Expedited Processing Based on Exceptional Circumstances for U.S. Citizens Living Abroad

In exceptional circumstances, a U.S. citizen who is living abroad with his or her foreign spouse and would like to bring his or her foreign spouse to the United States on an immigrant visa may be able to avail of expedited processing.

Exceptional circumstances may include the following:

• Military emergencies. A U.S. service member abroad becomes aware of his or her new deployment or transfer with very little notice.
• Medical emergencies. The U.S. citizen or foreign spouse is faced with an urgent medical emergency that requires immediate travel.
• Threats to personal safety. The U.S. citizen or foreign spouse is faced with an imminent threat to his or her personal safety.
• Short-term notice of position relocation. The U.S. citizen spouse who has been living and working abroad receives a job offer to be transferred back to the United States.

While this is not an exhaustive list of examples, a request for exceptional circumstances must first be made with the U.S. Citizenship and Immigration Services (USCIS) district office or the U.S. Consulate where the U.S. and foreign spouse reside. The USCIS district office that has jurisdiction over the place of residence will in turn approve or refuse the request. If the district office approves the request and subsequent petition, the matter will forward it to the nearest U.S. Embassy or Consulate for the visa application process. If the request is refused, there is no right of appeal or reconsideration request but the U.S. citizen spouse can still file the immigrant petition with the USCIS in the United States. 

By qualifying for the expedited processing, we can reduce your waiting time to immigrate from approximately 12 to 18 months down to as little as 5-6 weeks. We have processed many such expedited petitions so contact us if you are interested at info@enterlinepartners.com and speak with one of our experienced U.S. immigration attorneys.

Taiwan Same-Sex Marriage Limitations

Taiwan recently became the first country in Asia to legalize same-sex marriage. Many consider this as a significant momentous event that could kick start a similar trend in other countries in Asia. However, the new legislation has not come without restrictions. 

Both Taiwanese and non-Taiwanese same-sex couples who are interested in marrying in Taiwan should be advised that the new law only applies if both parties are citizens of countries where same-sex marriage is currently recognized. For example, if one of the parties is an Australian citizen and the other is a Taiwan citizen, the marriage would be legal in Taiwan because both Australia and Taiwan recognize same-sex marriages. However, if one of the parties is a Taiwanese citizen and the other from a country that does not recognize same-sex marriage, such as China, the Philippines or Vietnamese, the marriage would not be legal in Taiwan because same-sex marriage is not legal in those countries. 

These limitations are especially important in the U.S. immigration context as in order to immigrate to the United States based on marriage to a U.S. citizen or enter as a non-immigrant dependent (i.e. L-2, O-2, H-4), U.S. law requires that the marriage is valid in the country where it occurred. Moreover, under current law in Taiwan, two foreign nationals in Taiwan may be limited to a civil notary marriage which may not be recognized as a valid marriage in Taiwan, and thus, not a valid marriage for U.S. immigration law purposes. It is possible for two foreign nationals to obtain a court ordered judgement of marriage but requires special procedures. Enterline and Partners affiliate firm in Taiwan has been successful in doing so. 

For more information on Taiwan’s newly enacted same-sex marriage legislation, contact us today at info@enterlinepartners.com and speak with one of our experienced U.S. immigration family law attorneys.

Happy 4th of July

American Independence Day is celebrated every year on the 4th of July! It is the biggest summer holiday of the year in the United States. We wish everyone a happy day and a terrific summer!

David Enterline Esq., and Ms. Tham Tran speak at GBI June Meeting

On June 24, 2019, Enterline and Partners Managing Partner David Enterline, and Mr. Tham Tran, Esq., were invited to join the June Meeting of GBI – Saigon Businessmen Club.

GBI club is an organization where business owners in Ho Chi Minh City gather to share their knowledge, business opportunities, and expand their social and business network. This club has approximately 30 members in multiple industries and services.

In the social event in June, David Enterline Esq., and Mr. Tham Tran were invited to join the meeting at The Unique restaurant in District 10, Ho Chi Minh City. Along with Ms. Tham, David shared with the attendees some information about what types of visas entrepreneurs would use for doing business or immigrating to the United States. In particular, Vietnamese investors and businesspersons might start with a B-1/B-2 visa for starting a business (the B-1 is for business) or an L-1 or E-2 for staying in the U.S. to manage a business. If an investor or business person wants to do business in the U.S. and also obtain permanent residence, then several other visas may be appropriate, such as the EB-1C for multinational managers and executives and of course the EB-5 immigrant investor visa. Finally, for some individuals with extraordinary abilities and talents in business, arts, science, education, or athletics, they may qualify for the EB-1 visa, or if they have exceptional ability in the science, arts or business, they may qualify for the EB-2 visa. 

If you want to learn more information about the visa for investors/businessmen or talented people, contact us at:

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

Email: info@enterlinepartners.com

Website: http://enterlinepartners.com

David Enterline speaks at Global Migration and Wealth Management Conference in Singapore June 2019

David Enterline, Esq., of Enterline and Partners Consulting spoke at the Global Migration and Wealth Management Summit in Singapore June 11^th and 12^th. 

David spoke on two panels. Understanding The EB-5 Landscape and What It Means for Investors in Southeast Asia on which David shared his viewpoints on the current state of play with EB-5, the long wait times for applicants from China, Vietnam and India, and the new proposed framework for EB-5 that might occur in the foreseeable future. 

David also spoke on the panel Promoting Standards and Higher Competencies – A Critical Path for the Future of the Immigration Investment Industry on which David and the other panelists discussed topics related to the immigration/migration industry best practices, self- regulation, due diligence and protecting the public against scams and bad actors. 

If you would like to read David’s Thought Leadership comments on “Investment Immigration Challenges and Opportunities”, please click here.

For more information about the event or any questions you may have, please contact us at:

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

Email: info@enterlinepartners.com

Website: http://enterlinepartners.com

EB-5 Immigrant Investor Program Modernization Final Regulation has Finished Review at the Office of Management and Budget

On June 27, 2019, the Office of Management and Budget completed review of the EB-5 Immigrant Investor Program Modernization final regulation. 

The most significant proposed change for intending EB-5 investors is an increase of the minimum investment amount in a Targeted Employment Area from the current minimum investment of US$500,000 to as high as US$1.35 million. However, it has been speculated that USCIS has made some changes to the original proposed rules and the increase to the minimum investment amount following the responses from stakeholders during the period allowed for comments. The text of the final regulation has not been made public.

In order for this final regulation to become effective, it must be published in the Federal Register. There has been no announcement of when the final regulation might be published. However, once published, a final regulation generally becomes effective no less than thirty (30) days although it would be a longer time frame such as 45, 60 or more days). 

Contact us for information on the EB-5 program:

ENTERLINE & PARTNERS CONSULTING

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📞 0933 301 488

📧 info@enterlinepartners.com

🌎 http://enterlinepartners.com

Investment Immigration Challenges and Opportunities

Ryan Barshop Esq., Delivers Presentation at the American Immigration Lawyers Association (AILA) Annual Conference

Enterline and Partners Consulting Partner Ryan Barshop recently presented at the American Immigration Lawyers Association (“AILA”) Annual Conference. The conference, which was held in Orlando, Florida from June 19th through June 22nd drew approximately 3500 attendees from all over the world.

Mr. Barshop was joined by past AILA President, Dale Schwartz of Atlanta, Georgia and Anis Saleh of Coral Gables, Florida. Together with Mr. Schwartz and Mr. Saleh, Mr. Barshop presented on methods and strategies on building a profitable immigration practice. 

Presenting in Orlando was the third time that Mr. Barshop was asked to speak at a national conference. Previous presentations included Las Vegas, Nevada in 2016 and New Orleans, Louisiana in 2017.

The next annual conference is scheduled for June 2020 in San Diego, California.

If you have questions or are interested in how you can obtain visas for work or study or to immigrate to the United States, contact us at: 

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

Email: info@enterlinepartners.com

Website: http://enterlinepartners.com

USCIS Will No Longer Accept I-407 at International Field Offices

Beginning July 1, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person. Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to: 

USCIS Eastern Forms Center, Attn: I-407, Unit 124, 

Leroy Road, PO Box 567, Williston, VT 05495

The processing time from receipt to completion is estimated to take less than 60 days. 

Traditionally, the Form I-407 was accepted by U.S. embassies and consulates directly by walk-in or by mail. This notice states that U.S. embassies and consulates will no longer accept Form I-407 except in rare circumstances, in person, and if an individual needs immediate proof that they have abandoned LPR status. 

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

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India EB-5 Investors now subject to a waiting period for EB-5 visas on the DOS Visa Bulletin

As predicted, the U.S. Department of State now lists India on its July 2019 visa bulletin in the EB-5 visa category with a final action priority date of May 1, 2017. This should be no surprise to the industry as the Department of State has been advising for some months that India was likely to reach its per-country annual limit in late spring or early summer. However, this may come as a surprise to many Indian investors who have filed I-526 Petitions in the past year who may have not been advised that they would become subject to a waiting period for the EB-5 visa. 

In visa categories which are oversubscribed, such as the EB-5 visa category, an applicant’s place in line for a visa is based on the date an I-526 Petition is filed for the immigration benefit. A final action date under the EB-5 category in the visa bulletin means that visas are only available for investors who filed I-526 Petitions before that date, called the “priority date”. In the July 2019 visa bulletin, India’s priority date is set as May 1, 2017.

For Chinese and Vietnamese EB-5 investors, the visa bulletin final action priority dates remained unchanged for China at October 1, 2014 and Vietnam at October 1, 2016. The July 2019 visa bulletin notes that “India and Vietnam will each reach their per-country annual limit during July. This has resulted in the Vietnam date being held, and has required the imposition of a July final action date for India.

For August, both countries will become subject to the same final action date which applies to China-mainland born Employment Fifth preference (E5) applicants, and they will be for the remainder of the fiscal year.

Such action will only be temporary, with the E5 date for each advancing for October, the first month of fiscal year 2020, as follows: 

India: Most likely advancing to the summer or fall of 2017.

Vietnam: Most likely advancing to the fall or early winter of 2016”

For more information and explanation on the visa bulletin, the priority date, and the EB-5 immigrant visa, please contact Enterline and Partners at:

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

Email: info@enterlinepartners.com

Website: http://enterlinepartners.com

Ryan Barshop Esq., to Speak at AILA Nationals in Orlando, Florida

Enterline and Partners Consulting Partner Ryan Barshop will be speaking at the American Immigration Lawyers Association Annual Conference in Orlando, Florida. The conference, which will be held from June 19- 22 will be attended by immigration lawyers from all over the world. Mr. Barshop is scheduled to speak on Saturday, June 21 on how to build a profitable immigration practice.

Mr. Barshop has been a speaker at previous AILA conferences held in New Orleans and Las Vegas. He has also presented at regional conferences in Ho Chi Minh City, Manila, Bangkok, Chennai, and Hong Kong.

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

Email: info@enterlinepartners.com

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Immigrating to the United States as a person with Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics

Those who are interested in obtaining U.S. permanent residence and green cards and have received national or international acclaim in the sciences, arts, education, business or athletics may want to consider an EB-1A immigrant visa.

An EB-1A immigrant visa, formally known as Employment-based First Preference immigrant visa category is a unique type of immigrant visa for those who qualify. Some examples of somebody who could qualify are a Pulitzer prize winning writer, and Olympic athlete or the CEO of a highly successful start-up technology company. Initially the applicant must be able to show extraordinary achievement through documentation in three of the following areas:

1. Receipt of nationally or internationally recognized prizes or awards for excellence;
2. Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts; 
3. Published material about the applicant in professional or major trade publications; 
4. Evidence that the applicant is a judge of the work of others in the field; 
5. Evidence of the applicant’s original contributions of major significance to the field; 
6. Authorship of scholarly articles;
7. Display of the applicant’s work at artistic exhibitions or showcases;
8. Evidence the applicant has performed in a leading or critical role for organizations that have a distinguished reputation; 
9. Evidence that the applicant commands a high salary in relation to others in the field; or 
10. Evidence of commercial success in the performing arts.

Just meeting three of the above criteria is not in and of itself a guarantee for approval. In making a case to show qualifications for an EB-1A visa, the individual must demonstrate that he or she has obtained “a level of expertise indicating that the individual is one of a small percentage of persons who have risen to the very top of the field of endeavor”. 

For more information on qualifying for an EB-1A immigrant visa, contact us at info@enterlinepartners.com and speak with an experienced U.S. immigration attorney.

Announcement EAP Co-Founders Speak at Regional Conference

Enterline and Partners co-founders David Enterline and Ryan Barshop recently spoke at the American Immigration Lawyers Association Bangkok District Chapter (AILA BDC) in Bangkok, Thailand. David served as Discussion Leader and Ryan also sat on the panel entitled “How Can They Do It? Permanent Residents Living Overseas.” The panel focused on key issues regarding Lawful Permanent Residents spending long periods of time outside the United States such as taxation, abandonment of Lawful Permanent Residence, Re-entry Permits, and expedited U.S. citizenship for spouses of U.S. citizens. 

David also served a Discussion Leader on a second panel “Tuk Tuk your Way from an E-2 to EB-5” on which panelists discussed the options of applying for an E-2 Treaty Investor non-immigrant visa and then converting to an EB-5 immigrant visa using the same capital and same business. 

David and Ryan have been speakers at multiple AILA BDC conferences in the previous years including Manila, Ho Chi Minh City, Chennai, and Hong Kong. This June, Ryan will be speaking at the American Immigration Lawyers Association Annual Conference in Orlando, Florida.

ENTERLINE & PARTNERS CONSULTING

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Tel: 0933 301 488

Email: info@enterlinepartners.com

Website: http://enterlinepartners.com

Department of State Visa Bulletin Update on EB-5

AILA’s Department of State Liaison Committee provides monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin. 

The content for this month's column is taken from presentations delivered by Charlie at the 2019 Federal Bar Association Immigration Law Conference which took place from May 17 - May 18, 2019, in Austin, Texas. 

EB-5 numbers historically were processed primarily in China through FY-2017. Now that there is a Final Action date for EB-5 China, people who otherwise would have used this category are tapping into other markets. The Final Action Date for EB-5 China is likely to hold through August 2019. EB-5 Vietnam and EB-5 India will reach their per country limits in July 2019. The October 1, 2016 Final Action Date for EB-5 Vietnam will hold through July 2019 and then share the same date as EB-5 China for the rest of FY19. In July 2019, EB-5 India will have a Final Action Date in 2017 and will then also share the same date as EB-5 China in August 2019 and September 2019. 

If you are considering immigrating to the U.S. via the EB-5 immigrant investor visa, this is our specialty. Contact David Enterline at david@enterlinepartners.com

ENTERLINE & PARTNERS CONSULTING

Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.

Tel: 0933 301 488

Email: info@enterlinepartners.com

Website: http://enterlinepartners.com

David Enterline, Esq., speaks at EB-5 Seminar in Jakarta, Indonesia

Enterline and Partners Consulting Managing Partner David Enterline spoke at an EB-5 seminar in Jakarta, Indonesia on May 25, 2019. David was invited to attend by one of the oldest and most successful EB-5 regional centers. The event was sponsored by one of the largest immigration consulting companies in South East Asia. 

Traditionally, Indonesia has not been a large market for EB-5 investors with only 65 EB-5 visas having been issued between fiscal year 2010 to fiscal year 2018 (see chart). At an estimated average of 3 visas per investor-family, this would indicate about 22 investors over these last 9 years. Even with the holy month of Ramadan and political unrest following Indonesian’s Presidential election, with 30 people in attendance it was a positive turnout and shows the country is a potential growth market for Indonesian’s seeking to obtain U.S. permanent residence and green cards via the EB-5 immigrant investor visa. 

Employment 5th Preference – Indonesia - Visa and AOS Issued from FY2010 - FY2018

Country	2010	2011	2012	2013	2014	2015	2016	2017	2018	Total
Indonesia	9	9	2	5	2	8	12	6	12	65

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
Email: info@enterlinepartners.com

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