The New York Times on June 22, 2011 reported the large Indian outsourcing company and labor contractor InfoSystems is being indicted for visa fraud. An employee has claimed workers were brought from India on B-1 [temporary work] visas but worked in the U.S. for which they should have had an H-1B visa for local work.
A word to the wise – use the proper visa. The government takes its restrictive rules very seriously. Feel free to consult with me about the type of visa for the service the employee will perform.
Martin Lawler
Monday, July 4, 2011
How Quickly Can an EB-5 Application be Filed?
We filed one in three weeks. It usually takes the applicant about one to two months to provide us all the documents needed to show the path of funds and the source of the investment comes from a legal source.
It is best to provide as many documents as possible. We work closely with our clients to document each application. We guide our clients and explain the type of evidence usually required, which varies with each case. One client received a gift from her father who earned the funds when he sold a ship, which involves a lot of paperwork.
We have well trained staff who advise our clients on the documents needed to prove each aspect of the case.
Martin Lawler
It is best to provide as many documents as possible. We work closely with our clients to document each application. We guide our clients and explain the type of evidence usually required, which varies with each case. One client received a gift from her father who earned the funds when he sold a ship, which involves a lot of paperwork.
We have well trained staff who advise our clients on the documents needed to prove each aspect of the case.
Martin Lawler
EB-5 Family Immigration
Can My Family Immigrate With Me?
Yes, provided the child(ren) are under age 21 when the first EB-5 petition is filed – the I-526. The Child Status Protection Act should freeze the child’s age. Thus, even if a child turns 21 after the I-526 is filed, they can still immigrate with the principal applicant.
Family dependents may immigrate with the principal applicant or later on following to join the investor. The dependents may not however immigrate first, unless they have their own EB-5 application which requires a separate petition.
Martin Lawler
Yes, provided the child(ren) are under age 21 when the first EB-5 petition is filed – the I-526. The Child Status Protection Act should freeze the child’s age. Thus, even if a child turns 21 after the I-526 is filed, they can still immigrate with the principal applicant.
Family dependents may immigrate with the principal applicant or later on following to join the investor. The dependents may not however immigrate first, unless they have their own EB-5 application which requires a separate petition.
Martin Lawler
EB-5 - Regional Center or Own Business
Should I Invest in a Regional Center or Create my Own Business?
Regional Center investments have many advantages. Here are a few:
• Regional Centers may count indirect employment creation as opposed to direct jobs at the project. This is often critical, such as for a shopping center or a hotel which may have many more indirect than direct jobs created.
• Regional Centers are run by someone else. It is difficult to operate a business upon arrival in the U.S. and some are not born entrepreneurs.
• As soon as the Regional Center investment is made the I-526 EB-5 petition can be filed as the funds are “at risk.” Those who create their own business must first spend a substantial portion of the capital. That can be hard to do when one is abroad without a trusted business manager.
• Often Regional Center projects have been pre-approved by USCIS as far as the business plan and job creation methodology is concerned.
I am pleased to discuss the other advantages of Regional Centers with investors.
Martin Lawler
Regional Center investments have many advantages. Here are a few:
• Regional Centers may count indirect employment creation as opposed to direct jobs at the project. This is often critical, such as for a shopping center or a hotel which may have many more indirect than direct jobs created.
• Regional Centers are run by someone else. It is difficult to operate a business upon arrival in the U.S. and some are not born entrepreneurs.
• As soon as the Regional Center investment is made the I-526 EB-5 petition can be filed as the funds are “at risk.” Those who create their own business must first spend a substantial portion of the capital. That can be hard to do when one is abroad without a trusted business manager.
• Often Regional Center projects have been pre-approved by USCIS as far as the business plan and job creation methodology is concerned.
I am pleased to discuss the other advantages of Regional Centers with investors.
Martin Lawler
Saturday, July 2, 2011
EB-5 Regional Centers
The EB-5 Regional Center (but not self) investor law expires on September 30, 2012. Extension is, however, expected. The law was first enacted in 1993 and has been extended many times.
At Congressional hearings when this law was last extended, no one spoke against it. It is one thing Democrats and Republicans can agree upon.
When the law was last extended, it happened just before expiration. USCIS expedited the cases and the Consuls quickly issued the EB-5 visas – some in a matter of days. Even if the statute is not extended, it appears that USCIS will continue to process I-829 Removal of Conditional Resident Status applications, but USCIS has never explained its policy, if the statute were to expire.
The Association to Invest In the USA (IIUSA), the EB-5 Regional Center trade association, is starting to lobby Congress for extension of the statute, which as I said, is expected to be extended but historically has not been extended until the last minute before expiration.
The EB-5 statute is creating thousands of jobs and funding many projects. Thus, it is expected the law will be extended.
Martin Lawler
At Congressional hearings when this law was last extended, no one spoke against it. It is one thing Democrats and Republicans can agree upon.
When the law was last extended, it happened just before expiration. USCIS expedited the cases and the Consuls quickly issued the EB-5 visas – some in a matter of days. Even if the statute is not extended, it appears that USCIS will continue to process I-829 Removal of Conditional Resident Status applications, but USCIS has never explained its policy, if the statute were to expire.
The Association to Invest In the USA (IIUSA), the EB-5 Regional Center trade association, is starting to lobby Congress for extension of the statute, which as I said, is expected to be extended but historically has not been extended until the last minute before expiration.
The EB-5 statute is creating thousands of jobs and funding many projects. Thus, it is expected the law will be extended.
Martin Lawler
Tuesday, May 31, 2011
Expediting EB-5 Investor Green Cards and Regional Center Applications
The USCIS announced a proposed new rule that will allow expediting many, but not all, EB-5 Investor Green Card petitions. The proposal also includes applications for Regional Center designation and their amendments for new projects.
The May 19, 2011 announcement only applies to investments involving a “shovel ready” project that is about to be constructed (as opposed to a hypothetical project).
Under the proposal (it is not yet in effect), one can pay a premium processing (expedite) fee, the amount of which is not yet announced by the USCIS, and have the application reviewed in a few weeks. The decision may be an approval, or a request for more evidence, or a notice of intent to deny the application.
Developers and financiers setting up Regional Centers will also be afforded the opportunity to have a telephone hearing to resolve questions the USCIS may have. The hearing will be before a board comprised of a USCIS officer and an economist assisted by a government attorney. The hearing is intended to quickly identify and resolve issues.
This is a breath of fresh air if the program is implemented and cases proceed timely. With most seeking the expedited processing the system may not run as smoothly as one would hope.
I will keep you posted on developments of this new procedure.
The May 19, 2011 announcement only applies to investments involving a “shovel ready” project that is about to be constructed (as opposed to a hypothetical project).
Under the proposal (it is not yet in effect), one can pay a premium processing (expedite) fee, the amount of which is not yet announced by the USCIS, and have the application reviewed in a few weeks. The decision may be an approval, or a request for more evidence, or a notice of intent to deny the application.
Developers and financiers setting up Regional Centers will also be afforded the opportunity to have a telephone hearing to resolve questions the USCIS may have. The hearing will be before a board comprised of a USCIS officer and an economist assisted by a government attorney. The hearing is intended to quickly identify and resolve issues.
This is a breath of fresh air if the program is implemented and cases proceed timely. With most seeking the expedited processing the system may not run as smoothly as one would hope.
I will keep you posted on developments of this new procedure.
Wednesday, February 2, 2011
USCIS EB-5 Call
A few times a year, the USCIS holds a call to address EB-5 legal and procedural issues. In the past, the calls have provided little new information and often our questions are not answered. Recently the USCIS held a call and provided some highly technical and more general information.
For example, the USCIS said, total EB-5 staffing at the California Service Center has substantially increased, and should ultimately reduce the current EB-5 case processing time of five months. We have seen such claims before and processing times are still slower than a few years ago.
• USCIS has begun gathering data about the number of applications filed for specific regional centers. The USCIS expects to begin releasing the data for publication later this year.
• USCIS clarified their policy on Office of Foreign Assets Control (OFAC) licenses, stating that a license would not be required of an Iranian national residing outside of Iran if the money is shown to be obtained through a lawful source and transferred to the U.S. without traveling through a prohibited Iranian bank. Previously USCIS issued Requests For Evidence (RFEs) requesting an OFAC license or an OFAC letter of no objection.
For example, the USCIS said, total EB-5 staffing at the California Service Center has substantially increased, and should ultimately reduce the current EB-5 case processing time of five months. We have seen such claims before and processing times are still slower than a few years ago.
• USCIS has begun gathering data about the number of applications filed for specific regional centers. The USCIS expects to begin releasing the data for publication later this year.
• USCIS clarified their policy on Office of Foreign Assets Control (OFAC) licenses, stating that a license would not be required of an Iranian national residing outside of Iran if the money is shown to be obtained through a lawful source and transferred to the U.S. without traveling through a prohibited Iranian bank. Previously USCIS issued Requests For Evidence (RFEs) requesting an OFAC license or an OFAC letter of no objection.
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