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

Email: info@enterlinepartners.com

Website: http://enterlinepartners.com

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

Website: http://enterlinepartners.com

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

Ad: 3F, IBC building, 1A Công Trường Mê Linh St, D1, HCMC

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

Website: http://enterlinepartners.com

U.S. To Require Visa Applicants To Disclose Social Media Handles

U.S. visa applicants will now be required to provide their social media identities on social media platforms during the five years preceding the date of application – with an option to voluntarily list other handles not explicitly required.

The new requirement follows the Trump administration’s promise of “extreme vetting” of foreigners entering the U.S. for national security. 

This is an extension of the previous administration’s instructions to collect social media identifiers when the State Department determines “that such information is required to confirm identity or conduct more rigorous national security vetting.”

Greater attention was placed on immigrants’ social media use after it was revealed that one of the attackers of the 2015 San Bernardino terrorist attack had, under a pseudonym, advocated Jihad in posts on a private social media account. Authorities did not find the account until after she was allowed entry into the United States and had carried on the attack.

Approximately 15 million people will be affected annually, including applicants for permanent residency.

Some expressed their concerns on the proposal’s effects on freedom of speech and association and on privacy.

On a more practical note, critics also complain that the proposal could make it harder to legally immigrate to the U.S. as the proposal could make the process slower.

In addition to social media handles, U.S. visa applicants are also required to submit five years of previously used telephone numbers, email addresses, and international travel, and whether specified family members have been involved in terrorist activities, regardless of visa application type. For applicants for Immigrant Visas, applicants will be required to disclose all prior immigration violations, while applicants for Nonimmigrant Visas will be asked whether they have been deported or removed from any country, not just the United States. 

The State Department intends not to routinely ask the question of applicants for most diplomatic and official visa applicants.