A New Status Quo in the EB-5 Program

DHS has published a date of final action of April 2018 on its proposed amendments to existing EB-5 rules (see https://www.reginfo.gov/public/do/eA…&RIN=1615-AC07 ). The most notable change is increasing minimum investment amounts to $1.3 million for TEA based projects and $1.8 million for non-TEA based projects. The second significant change would be removing the power from the states […]

The Day Retrogressed Direct EB-5 Investors Have Been Waiting For

By Matt Gordon ©2021 According to the December Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-december-2021.html) Chinese and Vietnamese direct EB-5 investors should be very happy.  The visa category is current.  The termination of the Regional Center program removed an overwhelming majority of the case load from the USCIS backlog.  Given the relatively small number of direct cases pending, the […]

DHS Files Notice of Appeal in EB-5 Behring Case

By Matt Gordon ©2021 On August 23, 2021, the Department of Justice filed a notice of appeal in the Behring Case. They have not asked for a stay of the district court decision vacating the EB-5 rule increasing the minimum investment from $500K to $900K.  This suggest a weak case from the outset.  DHS thought […]

Pooled Direct EB-5’s Day in the Sun

© 2021 Matt Gordon Paraphrasing Mark Twain, the reports of the demise of the EB-5 program have been greatly exaggerated.  It is true that on as of July 1, 2021, the Regional Center (pilot) program, enacted in the Immigration Act of 1993, lapsed; however, the EB-5 program itself, which was created by the Immigration Act […]

Indian H-1B Holders Beware – Relief from Congress is not assured and time for EB-5 as a backup is short

Of late, Indian nationals here on H1-B who have hoped and prayed from relief from immigration purgatory due to the extended delays to receive Green Cards may be disappointed in the end. While the Fairness for High-Skilled Immigrants Act Legislation to address their horrible plight has passed the US House of Representatives on July 10, […]

Vermont is Becoming the Activist Regulator in EB-5

Last week Vermont Public Radio reported on its website that the Vermont Department of Financial Regulation suspended the Okemo Resort development project of its authority to solicit new investors. The full text of the article can be found here. The article reports that regulators are seeking changes to the project PPM as well as the escrow […]

Is Biden’s New Immigration Law a Policy Perversion – What about Indian H1-B Holders?

By Matt Gordon ©2021 According to multiple news reports, in the coming days, the Biden administration will introduce major immigration legislation that is designed to create an eight-year path to citizenship for undocumented aliens already present in the United States.  In one sense, that is a fine thing to do. It is absurd and dehumanizing […]

The Supreme Court Rules on EB-5

It was just a few years ago that any court case involving EB-5 and securities law was notable and worthy of an article, but those days are long past. Since the end of EB-5’s age of innocence (or more correctly put, days of unchecked wayward behavior) the number of actions involving EB-5 and securities fraud […]

Dear USCIS, Izummi is no longer the law

©2021 Matt Gordon I was recently asked to help out on a case where an EB-5 investor’s I-526 petition was denied, because USCIS claimed the option of the investor to redeem a portion of her investment in the form of realty violated the long-standing precedent of Matter of Izummi, 22 I. & N. Dec. 169 (Assoc. Comm. […]

What’s Old is New Again – $500K EB-5 is Back (or is it?)

By Matt Gordon ©2021 On June 22, 2021, Judge Jacqueline Scott Corley of the US District Court Northern District of California granted summary judgement to the plaintiff Behring Regional Center in BEHRING REGIONAL CENTER LLC, v. Chad Wolf (Case No. 20-cv-09263-JSC) vacating the final rule promulgated by the Department of Homeland Security in July 2019 […]