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March 11 2019

With Fewer EB-5 Applications, Will Processing Times be Faster?

In Fiscal Year 2016, the USCIS received 14,573 EB-5 I-526 petitions.  In Fiscal Year (FY) 2018, the decline in petitions from China-born investors resulted in only 6,424 I-526 filings (and only 1,338 in the last quarter of FY2018). One EB-5 expert predicts that in 2019, I-526s will be decided in less...

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February 27 2019

Increasing the EB-5 Investment Amount Moved a Step Closer

The government’s Office of Management & Budget (“OMB”) has advanced a regulation to the “review” stage that will likely increase the investment amount.  The “review” stage is the last step in the rulemaking process before a final rule is published and becomes effective.  Regarding how long the review stage will...

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February 16 2019

EB-5 Regional Center Program Extended

With the passage of the congressional appropriations bill, the EB-5 Regional Center program has been extended once again, this time to September 30, 2019.  Future extensions are anticipated.  The law for direct EB-5 investors creating their own business has not been affected by the budget. FAQ: Regarding India EB-5 Q:        I am...

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February 15 2019

New Rulings On Borrowed Funds

Latest on Borrowed Funds Two federal district courts have recently held that the USCIS policies on borrowing funds for EB-5 are illegal. USCIS says if a person borrows funds and uses the cash to invest in an EB-5 project, USCIS’s loan rules must be followed, which require the investor to put...

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January 28 2019

Update on I-829 Receipts

I-829 Receipts Update The Form I-829 is the petition investors must file for removal of conditions on their permanent resident status.  For approval, one must prove: The investment was maintained at risk; and The 10 jobs were created. After the I-829 is filed, USCIS issues a receipt (Form I-797).  This receipt extends one’s conditional...

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