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