Although some categories of immigrants are generally automatically eligible for a visa when their application is submitted (e.g. immediate relatives of U.S. citizens), many other immigrant categories are subject to annual limits.[1] The US State Department sets these visa quotas at the beginning of each...
According to recent announcements by Charles Oppenheim, the Chief of the Visa Control and Reporting Division of the U.S. Department of State, a retrogression of the EB-5 immigrant visa category will likely take place during the U.S. government’s 2014-2015 fiscal year. The State Departments’ fiscal...
As outlined in the Code of Federal Regulations, there are certain requirements that an investor must meet in order to qualify for an E-2 “Treaty Investor” visa. The general qualifications of a treaty investor are that they must: Be a national of a country with which...
One of the requirements of an EB-5 investor is to invest a certain amount of capital in a new commercial enterprise (NCE). The question is what amount of capital does the investor need to provide? The answer depends on whether or not the NCE is...
In 1992, Congress took initiatives to enhance the economic impact of the EB-5 program, first introduced in 1990, by authorizing the Regional Center Pilot Program. This program allows “Regional Centers”—which can be publicly-, privately-, or jointly-owned—to pool EB-5 capital from multiple foreign investors. The pooled...
In a decision dated July 29, 2014, the Administrative Appeals Office (AAO) denied an appeal by a petitioner claiming that a comprehensive Business Plan was submitted. The AAO agreed with the original decision and the petitioner’s appeal was dismissed. The petitioner’s investment was through an established...
An L-1A classification allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the U.S.[1] Additionally, this category enables a foreign company which does not have an U.S. office to send an...
Did you know that e-Council Inc.com offers a multi-disciplinary approach to the Business Plan process, and offers a range of services complementary to the Business Plans, such as the essential Market Study element? As a critical part of the EB-5 process, and for that matter a...
On September 10, 2014, USCIS held a teleconference for EB-5 stakeholders. Chief Nicholas Colucci led the meeting accompanied by three new members of his team. Mr. Colucci offered updates regarding transparency and predictability. Many questions were addressed while others were left unanswered. Mr. Colucci began by explaining...
During the AILA EB-5 Conference in Chicago on August 23, 2014, attendees were informed about an important update on a quota limit, which has been rumored to be on the horizon for some time now. Charles Oppenheim, the State Department’s chief of visa control, announced...