As declared by United States Citizenship & Immigration Services on July 24, 2019, the anticipated final rule has taken effect on Thursday, November 21, 2019. The new regulations have brought about a dynamic ripple effect across the industry in terms of investments.

Drawing a comparison between the old regulations and the reformed ones will give you a clear picture of the remodeling:

• Accrual of the investment amount for Targeted Employment Areas (TEAs) from US$500,000 to US$900,000 plus the processing overhead cost, legal and filing fees
• Accrual of the investment amount in other parts (Non-TEA) of the country from US$1 million to US$1.8 million plus the processing overhead cost, legal and filing fees
• The applicants can retain the priority date of an immigrant petition approved for classification as an investor unlike before
• The shift in authority for TEA designations from Regional Centers to Department of Homeland Security (DHS) Changes in the Regional Center Program:

The role of Regional Centers was supposed to come to an end, according to the new rules. But Congress introduced the EB-5 Reform and Integrity Act of 2019 reinstating the Regional Center Program until December 20, 2019. The act introduced will provide reforms to cure the weaknesses of the program.

It is possible that the rules and regulations will be altered and reformed by the legislation every 5 years or even prior to as mentioned in The Final regulation. We are committed to keeping you informed about the changes and guide you through the application process.

Latest Update – As declared by United States Citizenship & Immigration Services on July 24, 2019, the anticipated final rule has taken effect on Thursday, November 21, 2019. The minimum EB-5 investment amount has increased from US$500,000 to US$900,000 plus the processing overhead cost, legal and filing fees for the project which is located in a TEA. For the project not located in a TEA, the amount has increased from US$1 million to US$1.8 million plus the processing overhead cost, legal and filing fees.

1. When will the new regulations come into effect?

USCIS has declared that the new EB-5 regulations will become effective on November 21, 2019 by introducing the Final Rule. The highlight of the final rule indicated the hike of investment amount. Henceforth, the previous amounts of $500,000 and $1 million will be replaced by $900,000 and $1.8 million for TEA (Targeted Employment Areas) and non-Tea areas respectively plus the processing overhead cost, legal and filing fees.

2. Will the investment amount remain the same permanently?

Investment amounts will be raised and adjusted every 5 years factoring in economic conditions of the United States. This will enable the stakeholders to predict the economic turbulences and plan their business model accordingly.

3. Will “proxy” I-526 petitions filed before the date of effect be considered?

No placeholder petitions will be considered for the namesake. According to the USCIS policies, I-526 petition must be filed with substantial evidence to prove the investor’s financial abilities. Investors trying reserve an investment with the current $500,000 threshold with no or insufficient evidence are likely to be denied visa by the USCIS.

4. Is the investor obligated to abide by the new EB-5 regulation after the approval of I-526 visa petition before November 21, 2019?

If all the documents and the funds are in place and the petitioner properly files I-526 before the effective date, the USCIS will consider and approve the EB-5 visa under the old regulations before the Final Rule was declared.

5. Has the number of visas available changed with the introduction of the Final Rule?

Although no official change has been declared in the number of visas, there will be fluctuations before and after the effective date. The increase in the investment thresholds to $900,000 and $1.8 million after November 21, 2019 is likely to increase the number of applicants and visas distributed before the date. On the other hand, with the introduction of the Final Rule, number of EB-5 visas may observe a dramatic decline mainly because the USCIS hasn’t yet issued rules for TEA designation.

6. Do the derivative family members who are lawful permanent residents need to independently file a petition to remove conditions?

Yes. Apart from the family members mentioned in the principal investor’s petition to remove conditions, derivative family members must independently file to remove conditions on their permanent residence. The rule has revised regulation to emphasize on the matter. As a result, adjudication becomes easier and it provides location flexibility for the interview for issuing Green Cards.

7. Is it advisable for the investors to carry on with the process before the effective date?

It mainly depends on where the investor’s priorities lie at. Certain investors for whom the reduced current amounts of $500,000 and $1 million matter significantly may go ahead with the process right away. Investors prioritizing U.S. residency and investment returns may also go ahead with the process before the effective date. But these investors must not hurry too much and go about with the process with the expertise of the experienced EB-5 lawyers. Hasting through the process by skipping due diligence, skimping on source of funds or pushing premature projects will create loopholes in the I-526 petition ultimately leading to the denial of visa. It is therefor advisable to carry out the process patiently with professional assistance.

8. What is the underlying condition for an investment project to be available at $900,000?

The Targeted Employment Areas (TEAs) will be designated by USCIS at the investment amount of $900,000 on and after November 21, 2019. The Final Rule commands that TEAs will first be inspected and certified by the Department of Homeland Security (DHS). DHS will also play a role in the procedure for removing conditions on permanent residency.

The EB-5 visa is a great way for eligible immigrant investors to become lawful permanent residents of US. It basically revolves around enhancing the economic growth through the process of foreign investments. To obtain EB-5 visa to the US, the eligible applicant has to make a minimum qualifying investment of $900,000 plus the processing overhead cost, legal and filing fees in a qualifying enterprise. This investment needs to create at least 10 new indirect or direct jobs over a period of two years. You do not need any job offer or specific educational qualification to apply for this visa.

The EB-5 visa is slowly growing to become immensely popular in today’s times. It is formally known as the Employment-Based Fifth Preference Category or EB-5 Immigrant Investor Visa Program. Although it is majorly used by China applicants (86% of the visas were issued in 2015 to Chinese applicants), Vietnam became the second biggest nationality and source of investor applicants. In fact, based on reports, it is found that from October to December 2017, the EB-5 visa usage for Vietnamese applicants jumped 190% year over year. It is only expected to grow as the years go by.

EB-5 Visa Benefits for the Vietnamese

There are many reasons why the popularity of EB-5 Visa is growing among the Vietnamese people. These include the following.

• The Vietnamese stand a chance to obtain permanent residency in the US in a faster and more seamless manner.
• An EB-5 visa permits Vietnamese residents to live anywhere in the US without any restrictions. It also comes with educational benefits.
• There are about 15,000 Vietnamese students that head to the US to study every year. These students continue to grow and grab new opportunities. This serves as a motivation for the growing need for EB-5 visas.
• The Vietnamese immigrants will no longer face the travel restrictions they are generally subjected to with a Vietnamese passport.
• It is an unwavering source of new US residents even though the country’s immigration policy constantly shuttles back and forth.
• There are around two million Vietnamese that reside in the US. These individuals have strong bonds with their family and loved ones in Vietnam. This makes an application for an EB-5 visa attractive.

These are a few of the reasons why the EB-5 visa proves to be extremely advantageous for the Vietnamese. Vietnamese entrepreneurs and their families looking to apply for this green card need to make sure they qualify for the same and can make the required investment in a commercial enterprise in a successful manner.

EB-5签证投资的好处

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As everyone knows the new political era of US has created many hurdles for the foreign immigrants to make their way to the America. In spite of the strict regulations and laws, there is a remedy to get entry into the US. The EB-5 program, although it may end in September 2017 still there is an opportunity to be permanent residents in the US. By investing the $900,000 plus the processing overhead cost, legal and filing fees in the US business, you can acquire the permanent US citizenship through the investors visa. The following are some points which reflect the benefits of getting the citizenship through the EB-5 visa.

H1-B visa has a quota system that makes it hard for the professionals to obtain it for working in the U.S.A. for a temporary period from across the globe as people get visas through a lottery. These professional workers should possess the bachelor’s degree of nearly four years to work in the American nation for a period of six years and more. If the person has filed for the labor certification via petition I-140 or I-485, then authority gives the extension. It is an Adjustment of Status requires filing before 365 days of applying for the extension for H1-B.

EB-5 agents help willing investors choose the right investment options available in United States. They help in expediting their immigration into the U.S. by processing their paperwork and ensuring the process goes off smoothly.

If you are wondering what are the benefits of becoming an EB-5 agent or agency, here are two primary benefits that might convince you to become one.

Latest Update – As declared by United States Citizenship & Immigration Services on July 24, 2019, the anticipated final rule has taken effect on Thursday, November 21, 2019. The minimum EB-5 investment amount has increased from US$500,000 to US$900,000 plus the processing overhead cost, legal and filing fees for the project which is located in a TEA. For the project not located in a TEA, the amount has increased from US$1 million to US$1.8 million plus the processing overhead cost, legal and filing fees.

Update: EB-5 Regional Center Program has been extended through April 28, 2017 without any changes by the U.S. House of Representatives and Senate.

Congress has decided to extend EB-5 Visa program without any reform till December 9, 2016. President Barack Obama officially expended the program on Wednesday night before the program was set to expire on midnight of 30th September, 2016.

This way the EB-5 world has had to watch these extensions.

• On September 28, 2012, the program got three year extension to September 30, 2015;
• On September 30, 2015, the program was extended to December 11, 2015;
• On December 16, 2015, the program was extended to September 30, 2016;
• On September 28, 2016, two-month-plus extension to December 9, 2016;
• On December 8, 2016, four-month-plus-extension to April 28, 2017;

Important Links for EB-5 Visa Program

Who is it EB-5 Visa for?
Advantages of EB-5 Visa
EB-5 Visa Eligibility and Requirements

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INTRODUCTION

Retirement is a time that all of us want to spend without having anything to worry about. It is a time when one cannot work like they used to in their youth, so income is generally limited or nil. And then, retiring down in a foreign country like the United States could be a dream come true for so many people around the world. After all, everyone desires a retirement that is hassle-free, peaceful, pleasurable.