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

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

📞 0933 301 488

📧 info@enterlinepartners.com

🌎 http://enterlinepartners.com