Articles Posted in EB-5 Renewal

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Welcome back to Visalawyerblog! In this blog post we share with you an overview of the State Department’s August 2021 Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, also known as “Chats with Charlie,” broadcasted every month on the State Department’s YouTube channel.

This new series features a monthly Question-and-Answer session with Mr. Charles Oppnheim and a Consular officer, where they answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. This discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed in advance to VisaBulletin@state.gov ahead of each monthly session with “Chat with Charlie Question” in the subject line.

Be sure to subscribe to the State Department’s YouTube Channel and turn on your notifications so you do not miss any of these important updates.

Below are the highlights of the trends and visa projections for August 2021 and beyond.


DOS Q&A Session with Charlie Oppenheim: August 2021 Visa Bulletin Projections & Beyond


 

Charlie Oppenheim advises against sending “mass like” chain emails to the Charlie Chats email address

Before we get into the questions for this session, I wanted to add that I have seen a significant number of questions being received that maybe online chat groups have provided in a suggested “copy this text” approach that were sent to the Charlie Chat email address. I want to say that this is a very unproductive approach to asking questions, since we must open a significant number of messages with the same question, and that diminishes our ability to review the hundreds and hundreds of questions which are coming in each month. Therefore, it’s likely that we may miss important questions which listeners would like addressed. I am happy to see questions come in but this massive number of duplicates is unproductive to the listener group.


The Top 8 Advance Questions Sent in By Listeners


Q: I submitted all my documentation to NVC a long time ago and I confirmed on their website that everything is completed correctly. My priority date became eligible in March, but I have not yet been scheduled for my final visa interview. Why haven’t I been scheduled despite the eligibility and when can I expect to be scheduled?

A: This is a question we have been getting a lot. It’s important to say that throughout the COVID-19 pandemic, the NVC has continued to schedule appointments and is warehousing cases for Consular sections that have not been able to resume the routine Immigrant Visa processing. Depending on the country’s local restrictions and resources, the Consular sections abroad provide their projected capacity for scheduling to the NVC about 30-60 days in advance.

This allows NVC to begin scheduling those appointments and getting the information out to the applicants early. Other than age-out cases, inter-country adoption cases, and expedite requests, based on certain FAM regulations upon visa availability, the NVC schedules their Immigrant Visa appointments for visa categories in chronological order, based on the date in which the case was deemed “documentarily qualified,” meaning they have been asked to submit certain required documents, all those documents have been received, and have been verified. Then the NVC fills the available appointment slots in a first come, first out manner within each visa class, in accordance with each Consular section’s capacity.

I would advise listeners to refer to the guidance on the NVC Immigrant Visa backlog report website to view the worldwide data count of applicants which have been processed by NVC. Then that will determine how many have become documentarily complete. NVC and the overseas posts are trying to get to all the appointments and applicants as quickly as possible. It’s being done in chronological order and basically, they’re having to catch up on cases that could have been scheduled as far back as March 2020.

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Welcome back to Visalawyerblog! In this blog post, we will cover the release of the August 2021 Visa Bulletin and what you can expect for employment based and family preference categories during the month of August.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

If you would like to follow along on each month’s progress for the Visa Bulletin please be on the lookout for the next “Chats with Charlie” on the DOS YouTube Channel, a monthly series recently launched by the State Department where Charlie Oppenheim, Chief of the Immigrant Visa Control & Reporting Division of the U.S. Department Of State, answers your frequently asked questions regarding each month’s Visa Bulletin.


Adjustment of Status Filings for those lawfully residing in the United States


Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” charts to determine when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website www.uscis.gov/visabulletininfo that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.


Adjustment of Status Filing Chart August 2021


For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, in the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category only may file using the Final Action Dates chart in the Department of State Visa Bulletin for August 2021.

For all other family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2021.

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Welcome back to Visalawyerblog and a very happy Thursday to all our loyal readers. In this blog post, we bring you the latest information regarding the expiration of the EB-5 Regional Center program.


What is the EB-5 Regional Center Program?


To become eligible to receive a green card (permanent residence) under the EB-5 Immigrant Investor Program, a foreign national must make either (1) a direct investment in a new commercial enterprise or (2) an investment in a Regional Center project, resulting in the creation of at least 10 jobs, during the time that the investor is granted conditional permanent residence. These are considered the two different “types” of investments under the EB-program. The amount required to be invested depends on whether the investment is “direct” or made in a Regional Center project.

Several considerations need to be taken into account by the investor when deciding which type of investment is right for them (whether “direct” or in a Regional Center). Most often “direct” investment is the most suitable option where the foreign investor wishes to open and operate his own commercial enterprise in the United States and wants to have full control over his or her investment.

The “direct” EB-5 program has three basic requirements: (1) investment in a “new commercial enterprise” (2) of at least $1,000,000 (or $500,000 if the investment is being made in a Targeted Employment Area (TEA) that is underserved) (3) that results in the creation of at least 10 new full-time jobs. Investors are also required to take an active enough role in the business having at least a policy-making position.

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Federal District Judge Rules to Reinstate $500,000 Minimum Investment For the EB-5 Visa Program

In this blog post, we share with you a new landmark court decision affecting the EB-5 Immigrant Investor Visa Program, known as matter of Behring Regional Center LLC V. Chad Wolf et al.

In this case, decided on June 22, 2021, the U.S. District Court of the Northern District of California vacated the controversial 2019 ‘EB-5 Modernization Rule’ that sought to ‘modernize’ the EB-5 visa program, by increasing the minimum investment amount from $500,000 to $900,000.  In her ruling, Judge Corley concluded that the 2019 Modernization Rule should be vacated because the former acting DHS Security, Kevin McAleenan was not properly appointed in his position under the Federal Vacancies Reform Act when he implemented the Regulations.  Therefore, the officials had no legal authority to make and to announce the changes.

The judge’s new ruling means that the district court’s decision will restore the original rules for the EB-5 program, initially established by the Immigration Act of 1990 as a legal pathway to provide qualified foreign/immigrant investors the opportunity to obtain permanent residency in the U.S. (commonly known as the “green card”). The now-defunct EB-5 Modernization Regulations of 2019 had increased the minimum investment amount from $500,000 to $900,000, but with this new ruling the minimum investment amount has again reverted to $500,000.

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Welcome back to Visalawyerblog! We kick off the start of a brand-new week with an overview of the June 2021 Visa Bulletin. Follow along as we provide you with an overview of the State Department’s monthly Q&A answer session with Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State.

In this post, we summarize Charlie’s Visa Bulletin projections for the upcoming month of June 2021 and beyond.

We recommend our followers to subscribe to the State Department’s YouTube Channel to catch all of the details relating to the agency’s new monthly series on its YouTube channel.

This new series will feature a monthly Question-and-Answer session with Charles and a Consular officer, where they will answer many of the public’s frequently asked questions and provide a monthly analysis of each month’s Visa Bulletin. The discussion will provide details regarding what to expect in terms of the movement or retrogression of both family and employment-based preference categories on each month’s Visa Bulletin.

Questions for Charlie can be emailed to VisaBulletin@state.gov ahead of the monthly session with “Chat with Charlie Question” in the subject line.

Reminder: Tomorrow, Tuesday May 25, 2021 at 1:00 p.m. ET, the Department of State will be hosting a YouTube live session relating to the visa backlog. The State Department will also be discussing how Consular sections will be prioritizing visa cases during the phased resumption of services. Make sure to subscribe to the YouTube Channel and turn your notifications on so you do not miss any of these updates.

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Welcome back to Visalawyerblog! The Department of State recently released the visa bulletin for June 2021 outlining the availability of immigrant visa numbers for the upcoming month.

Don’t forget to tune in to the next “Chats with Charlie” on the DOS YouTube Channel on May 24, 2021, at 10:00 am (PT) 1:00 pm (ET) to discuss the June Visa Bulletin. Questions about the June 2021 Visa Bulletin can be emailed to VisaBulletin@state.gov ahead of the event with “Chat with Charlie Question” in the subject line.


NOTE: Adjustment of Status Filing Charts June 2021


For Family-Sponsored Filings:

Per USCIS, applicants falling within the F2A category, may use the Final Action Dates Chart in the Department of State Visa Bulletin for June 2021. While there is a cutoff date on the Dates for Filing chart, the category is “current” on the Final Action Dates chart, allowing F2A applicants to rely on it.

All other family-sponsored preference categories (other than F2A), must use the Dates for Filing chart in the Department of State Visa Bulletin for June 2021.

For Employment-Based Preference Filings:

All applicants falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for June 2021.

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Welcome back to Visalawyerblog! Happy end of the week to all of our readers.

In this post, we would like to keep our readers informed about Visa Bulletin projections for the upcoming month of May 2021 and beyond.

The Department of State’s Consular Affairs Unit has launched an exciting new monthly series on its YouTube channel, discussing current visa trends and future projections for immigrant visa preference categories with Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State.

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Our office has been eagerly awaiting the release of the October visa bulletin which ushers in the beginning of a brand-new fiscal year. As our readers will know, a lot has been happening in the world of immigration.

Since March of 2020, U.S. Consulates and Embassies nationwide have suspended routine visa services to the public amid the Coronavirus pandemic. To make matters even more complicated, the President issued a series of Presidential Proclamations suspending the issuance of immigrant visas for most family-sponsored preference categories with limited exceptions including spouses and minor children of United States Citizens. In this post we cover the good, the bad, and the ugly of the release of the October 2020 visa bulletin.


THE BAD AND THE UGLY –

Most Family Sponsored Categories Unable to Obtain Immigrant Visas Due to Consular Closures and Presidential Proclamations

For the most part, nearly all family-sponsored categories on the visa bulletin are impacted by the Presidential Proclamations and individuals impacted cannot obtain an immigrant visa at the U.S. Consulate until the Proclamations terminate on December 31, 2020.

What Family Preference Categories are Impacted?

Presidential Proclamations 10014 and 10052 together suspend the entry of and issuance of visas for the following types of family-sponsored immigrants until December 31, 2020:

  • F2A Spouses and children of green card holders applying at the consulate
  • F-2B Unmarried sons and daughters of green card holders applying at the consulate (21 years of age or older)
  • F-3 Married sons and daughters meaning of US citizens applying at the consulate (children under 21 years old of US citizens are not affected)
  • F-4 Brothers and sisters of US citizens applying at the consulate

As you can see these categories make up the vast majority of the family-sponsored preference categories on the visa bulletin. Only very narrow categories of individuals have been specifically exempted from the Proclamations.

Those exempted include the following:

  • Spouses and children of US citizens applying at the consulate are not affected
  • Sons and daughters under 21 years old of US citizens applying at the consulate are not affected
  • Lawful Permanent Residents of the U.S.
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
  • Aliens whose entry furthers important United States law enforcement objectives
  • Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
    • SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
    • SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
  • Any alien whose entry would be in the national interest of the United States (national interest waivers)
  • Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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Great news! The Department of State has released the visa bulletin for August 2020 outlining the availability of immigrant visa numbers for the upcoming month.

NOTE: Adjustment of Status Filing Charts August 2020

For Family-Sponsored Filings:
In the F2A category, there is a cutoff date on the Dates for Filing chart.  However, the category is “current” on the Final Action Dates chart.  This means that applicants in the F2A category may file using the Final Action Dates chart for August 2020.

For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2020.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2020.

August Visa Bulletin Cutoff Dates


Employment Based Categories

According to the Department of State’s August Visa Bulletin, the following cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries remain current during the month of August except for China and India. EB-1 China will advance by almost six months to February 8, 2018, while EB-1 India will advance by nine months to February 8, 2018.
  • EB-2: All countries except EB-2 China and India remain current. EB-2 China will advance by more than two months to January 15, 2016, and EB-2 India will remain at July 8, 2009.
  • EB-3 Professional and Skilled Workers: All countries except EB-3 India and China will advance by almost a full year to April 1, 2019. Cutoff dates for EB-3 China will advance by almost 8 months to February 15, 2017, and for India by four months to October 1, 2009.
  • EB-5: EB-5 India will remain current, joining all other countries except for EB-5 China and Vietnam.  China’s cutoff date will advance by two weeks to August 8, 2015, while Vietnam’s cutoff date will advance by more than two months to July 22, 2017

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Welcome back to Visalawyerblog! In this blog post we cover the latest immigration news of the week.

USCIS Launches Online Form to Report Fraud

On March 3rd USCIS announced the launch of a new online form available on the USCIS website that can be used to report suspected immigration fraud and abuse including asylum/refugee fraud, religious worker visa fraud, employment-based visa fraud, investor visa fraud (EB-5 program), student visa fraud, marriage or fiancé visa fraud, unauthorized practice of law (notarios), and other types of immigration fraud.

This “USCIS tip form” provides space for the form user to describe alleged fraud or abuse in detail. According to USCIS, the tip form was created to make the tip process more effective and efficient, so that the agency can better collect information and make an assessment regarding the credibility of tips sent to the agency.

Previously fraud reporting was done by email, making it difficult for USCIS to respond and investigate tips.

This new online system for reporting fraud represents the Trump administration’s commitment to crack down and prevent various forms of visa fraud.

Over the years, the Trump administration has signed various directives and executive orders such as “Buy American, Hire American” aimed at rooting out fraudulent H1B, asylum/refugee, and EB-5 investor visas. The Trump administration has also worked to limit or slow down the issuance of these visas by issuing aggressive requests for evidence in the case of H1B visas and increasing the minimum investment amount for EB-5 investors.

Presidential Proclamation Suspending Entry of Certain Immigrants and Nonimmigrants who Pose a Risk of Transmitting the Coronavirus

On February 3rd the Department of State issued an important announcement reminding travelers of a Presidential proclamation signed on January 31st barring entry to the United States of immigrants or nonimmigrants who traveled to China within the 14 days immediately prior to arrival in the United States.

The proclamation went into effect on Sunday, February 2.

Travelers should note that the proclamation does not apply to U.S. citizens or lawful permanent residents of the United States.  Foreign diplomats traveling to the United States on A or G visas are excepted from this proclamation.  Other exceptions include certain family members of U.S. citizens or lawful permanent residents, including spouses, children (under the age of 21), parents (provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21), and siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21).  There is also an exception for crew traveling to the United States on C, D or C1/D visas.

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