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

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

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

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

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

Latest EB-5 Wait Times and Visa Bulletin Projections

Charles Oppenheim, Chief of the U.S. Department of State (DOS) Visa Control and Reporting Division provided important updates at the Invest in the USA (IIUSA) 2019 EB-5 Advocacy Conference. The annual event was held in Washington, D.C. on May 6, 2019. 

As noted by Oppenheim, EB-5 visas remain in very high demand by investors from Mainland China, Vietnam, and India. As a result of the continued demand, Oppenheim noted the following projections based on a “worst case scenario” for new investors who file a Form I-526 on May 6, 2019:

Country of Chargeability	Estimated Wait Time
Mainland China	16.5 years
India	8.4 years
Vietnam	7.6 years
Republic of China (Taiwan)	2 years
Brazil	1.6 years
Rest of the World	No foreseeable quota backlog

Oppenheim further offered the following predictions for the remainder of 2019 fiscal year and into the 2020 fiscal year:

Mainland China: The July 2019 visa bulletin is expected to advance to October 1, 2014. This date is not likely to increase unless the rest of the world demand decreases significantly. Beginning in October, which is the start of the 2020 fiscal year, the best case scenario for Mainland China would be October 15, 2014 final action date and the worst case scenario would be October 8, 2014 final action date.

Vietnam: The July 2019 visa bulletin is expected to advance to October 1, 2016 after which Vietnam will hit its annual limit and will revert to Mainland China’s date. In October, Vietnam’s best case scenario is December 15, 2016 while the worst case scenario would be a November 22, 2016 final action date.

India: Oppenhiem predicted that India will likely hit its annual limit by late June or early July. It is also possible that the July visa bulletin will list a final action date of 2017 or equal to China’s final action date.

South Korea, Taiwan and Brazil: No backlogs predicted in 2019 fiscal year. Expected to be current in October.

For more information on EB-5, contact us today and speak with David Enterline, a highly experienced U.S. EB-5 lawyer.

EB-5 Modernization Regulation Pending Review At The Office Of Management And Budget

On April 8, 2019, USCIS Director L. Francis Cissna sent a letter to Senator Grassley (R-IA) and Senator Leahy (D-VT) regarding the EB-5 Immigrant Investor Program Modernization Rule (RIN 1615-AC07). Among other things, Director Cissna indicated in the letter that “DHS is dedicated to ensuring expeditious implementation of the rule, if and when it is finalized” and noted that DHS is considering other regulatory actions related to the EB-5 program, including seeking to propose regulations that may include changes to the process for initially designating entities as regional centers, a requirement for regional centers to utilize an exemplary filing process, continued participation requirements for maintaining regional center designation, and changes to the process for terminating regional center designations.

The final rule, first proposed on January 13, 2017, is still pending regulatory review at the Office of Management and Budget. 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 raise to US$1.35 million. We emphasize, as Director Cissna noted in his letter, there is no way to tell “if and when” the rule might be published and come into effect.

Trump has no interest in addressing border issues or immigration reform

While this recent op-ed (opinion-editorial) article in the Los Angeles Times, focuses on President Trump and his ongoing war with the U.S. and Mexico border and its illegal immigration issues, the article points out that the Trump administration has, according to the American Immigration Lawyers Association (AILA), radically slowed the processing of immigration applications and immigration benefits. As AILA members and U.S. immigration lawyers, we see this radical effect sweeping through the whole of the legal immigration system. Long delays, head-scratching requests, embarrassing mistakes in issuing documentation such as I-551 “green cards”, and increasing inefficiencies are becoming the norm and not the exception. 

This may lead to the perception that American has become anti-immigration and anti-immigrant. This is not the case. Certainly, there are some in the United States who are against immigration and do not want to welcome immigrants, but this is a minority and mostly only a vocal Trump base of supporters. Remember, the United States is a country of immigrants, a melting pot of people from all over the world, and it will remain so for many years to come. Its Immigration laws are set by Congress and are not controlled by whatever current administration is in power. Yes, a President has the power to influence, and in some extremely special cases, might enact an Executive Order in the name of National Security, but these situations are rare and more rarely are upheld by the courts. 

At Enterline and Partners, we are experienced in representing our clients before the United States Citizenship and Immigration Service (USCIS), the U.S. Department of State (USDOS) and its consulates, and other government agencies for all types of petitions and applications, whether it is an I-130 petition for a family member, an I-140 for an employment visa, and I-526 immigrant investor (EB-5) petition or the many non-immigrant visa categories such as the B-1/B-2, E-1, E-2, F-1, J-1, K-1, L-1 visas. Contact us and we will help you navigate through the process of going to the United States.

ENTERLINE & PARTNERS CONSULTING
🏢 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
📞 0933 301 488
📧 info@enterlinepartners.com
🌎 http://enterlinepartners.com

Is a Final Rule Coming on Changes to EB-5, Especially an Increase to the Minimum Investment Amount?

Is a Final Rule Coming on Changes to EB-5, Especially an Increase to the Minimum Investment Amount?

The answer: Maybe. 

Currently, any change to the US$500,000 minimum investment amount in a Targeted Employment Area (proposed increase to US$1,350,000) would require the publication of the Final Rule for the related “EB-5 Immigrant Investor Program Modernization” regulation. This is currently listed on the “Fall 2018 Unified Agenda action dates,” but may or may not occur in November. In the past, the timetable for government action on the same regulation has been: February 2018 and August 2018. In both cases, the relevant U.S. agency, the Department of Homeland Security did not take any action and did not publish as per its scheduled timetable.  

In addition, USCIS Director Lee Cissna, speaking in October, did not appear to think that the “EB-5 Modernization” regulations were on the brink of finalization. He said: “We’re just not ready yet. We’re still working on it.” 

It’s good to note that even if the relevant regulation is published in November, is should (as a non-major rule) take effect not less than 30 days after publication and could even be extended longer than 30 days. 

We do not believe the regulations will be published this November.  We might know more following the USCIS most recent announcements public stakeholder meeting scheduled for November 19th.

by: Enterline and Partners Consulting