EB-5 Investor Visa Update 2024 – Guide

To gain a more comprehensive understanding of the changes to the EB5 program that the EB5 Reform and Integrity Act of has made to the Immigration and Nationality Act (INA), USCIS is providing additional clarification. Particularly, the duration of the required investment and our manner of managing investors associated with a Terminated Regional Center

This article clarifies the investment time frame required for EB5 investors who file Form I-526 immigrant petition by Standalone investor or Form I-526c immigrant petition by Regional Center investor on or after March 15,, as specified in the RIA.

The RIA eliminated the general requirement for classification to invest, the requirement that the investor be actively in the process of investing the necessary amount of capital in a new commercial enterprise, and the requirement that the investor maintain their investment throughout their conditional residence. These requirements were crucial for investors who were seeking to remove circumstances on their permanent resident status under INA 216a via an EB5 immigrant visa petition submitted on or after the enactment of the RIA.

Most Recent Initiatives

These RIA modifications have relieved investors who submit classification petitions after the enactment of the RIA from the obligation to maintain their investment for the duration of their conditional residents. The duration of their conditional residents may extend into the future and is contingent upon factors beyond the investors’ control, such as the availability of visas.

The investment is expected to remain in place for a minimum of two years, provided that the prerequisites for job creation are met. All immediate necessary details are in place. However, the Act does not specify the commencement of the two years under INA 203. The commencement date is determined by the date on which the necessary quantity of qualifying investment is made.

USCIS will utilize the date on which the investment was contributed to the new business venture and placed at risk by all pertinent regulations, including being made available to the entity responsible for job creation. In general, the investment should be retained at the time of the correct filing of the I-526 or I-526e petition, provided that it was made more than two years before the filing.

To accurately evaluate eligibility before the enactment of the RIA. Investors who had not yet obtained conditional permanent resident status would have been considered to have altered their eligibility if a regional center were to be terminated. This would have likely resulted in the denial or revocation of related investor petitions.

Additional Information

The RIA has recently implemented a new provision in INA 203 that enables good faith investors associated with terminated Regional centers to maintain eligibility under specific conditions. Consequently, the statute’s ambiguity regarding its application to both pre-RIA and post-RIA investors,

Furthermore, USCIS is providing guidelines on how pre-RIA investors should comprehend this new rule. The pre-RIA investor deadline for responding to a regional center termination notification will be extended by USCIS upon the regional center’s termination. We may issue a request for substantiation or notice of intent to reject to the investor to demonstrate ongoing eligibility until the agency rules on its Form I-526 petition.

Using procedural flexibility, the United States may extend the 180-day response deadline for notices of ongoing eligibility. We may infer that the fundamental eligibility of a pre-investor will not be adversely affected by the termination of a regional center for simple administrative non-compliance in the majority of cases.

We reserve the right to decline to extend any pertinent response dates, as their investment and the subsequent job creation are unaffected. As a result, the eligibility of its associated investors may be affected in the future if a regional center is closed for significant reasons.

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Benefits of EB-5 Investor Visa Update

• Increased Investment Threshold: The updated minimum investment amounts (typically $1.05 million for general initiatives and $800,000 for targeted employment areas) are intended to address economic fluctuations, thereby guaranteeing the program’s continued relevance and sustainability.
• Green Card Pathway: The EB-5 visa offers a direct route to a U.S. Green Card for investors, their spouses, and eligible children, granting them permanent resident status.
• Faster Processing Times: The delay time for investors and their families to obtain residency may be reduced as a result of efforts to streamline processing, which may result in more rapid adjudications of EB-5 applications.
• Access to Targeted Employment Areas: Investors can take advantage of reduced investment requirements when investing in high-unemployment or rural areas, which makes it more affordable to support economically distressed regions.
• Job Creation Requirements: The emphasis on job creation (at least 10 full-time employment for U.S. workers) ensures that EB-5 investments make a positive impact on the U.S. economy.
• Investment Options Flexibility: Updates may offer investors a greater variety of investment structures, enabling them to select projects that are consistent with their risk tolerances and interests.
• Investor Opportunity: The program may promote investment in sectors or emerging industries that contribute to economic growth, employment creation, and innovation.
• Family Inclusion: The EB-5 visa enables investors to include their immediate family members in the application, thereby allowing the entire family to benefit from the investment and obtain residency.
• Dual Intent: The EB-5 visa permits dual intent, which enables investors to file for the visa while simultaneously pursuing other non-immigrant visas. This flexibility is provided to investors in their immigration plans.
• EB-5 investors have the opportunity: to petition for U.S. citizenship after maintaining residency for the required period. This process provides long-term benefits and security for themselves and their families.

Update on the US H-1B Work Visa | 2023 US Work Visa

The United States will allow specific holders of work visas to extend their status without the need to leave the country. The US State Department is preparing to implement a pilot program that would enable specific holders of work visas to renew their visas in the United States without the need to return to their home countries.

Participants in this pilot program of the US State Department are required to possess an H1B visa, which enables more than 85,000 exceptionally talented individuals to enter the United States for a maximum of three years. The United States intends to eliminate the requirement for H1B visa holders to visit an overseas consulate to renew their status.

Department of State Response to the Initiative

The program will address the ambiguity that certain US businesses that employ temporary H1B workers frequently encounter while the pilot program is in place, according to a representative from the Department of State. According to the spokeswoman, the Department of State will assess whether this regulation is impacting appointment availability on a global scale.

Furthermore, the authorities will evaluate whether the strategy will alleviate backlogs and facilitate appointments for individuals who are endeavoring to obtain work visas outside of the United States.

Immigration attorneys have been advocating for the reinstatement of domestic visa renewals since 2004, given the current circumstances. According to immigration attorneys, the government is imposing a burden on workers by requiring them to travel to their home countries to renew their work visas.

This is because obtaining a fresh visa necessitates the payment of a substantial sum to travel abroad and schedule an appointment with a US consulate. The State Department aspires to permit bearers of work visas to reapply while they are still in the country by the end of this year.

The representative further stated that participation in the pilot program will be voluntary at the outset. Before the authorities can officially commence this pilot program, the initiative must undergo the rule-making process. Upon the conclusion of this procedure, the State Department will evaluate public feedback and make any necessary revisions to the proposed Rule.

Following this, the White House will evaluate the proposal in its entirety. The State Department suspended the domestic renewal of specific work visas in 2004 as a result of the agency’s failure to comply with specific conditions.

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