Law Extends USCIS Programs through September 2012
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) advises its customers that the Department of Homeland Security (DHS) Appropriations Act of 2010, signed by the President on Oct. 28, 2009, extends the following USCIS programs until Sept. 30, 2012:
- E-Verify
- Immigrant Investor (EB-5) Pilot Program
- special immigrant visa category for non-minister religious workers
- date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the “Conrad 30” program.
E-Verify, an Internet-based system operated by DHS in partnership with the Social Security Administration (SSA), allows participating employers to electronically verify the employment eligibility of their newly hired employees. More than 168,000 participating employers at nearly 640,000 worksites nationwide currently use the program. Since Oct. 1, 2009, more than 1.3 million employment verification queries have been run through the system and approximately 96.9 percent of all queries are now automatically confirmed without any need for employee action.
Under the Immigrant Investor Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals and Forms I-526, Immigrant Petitions by Alien Entrepreneur, and Form I-485, Applications to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis. Currently, there are more than 70 regional centers throughout the United States.
The special immigrant visa category for non-minister religious workers covers those within a religious vocation or occupation and also applies to accompanying or ‘following-to-join’ spouses and children of non-ministers. USCIS will continue to receive and process Form 1-360, Petition for Amerasian, Widow(er), or Special Immigrant and Form I-485, Application to Register Permanent Residence or Adjust Status, based on Form I-360 petitions.
Finally, USCIS will continue to adjudicate immigration benefits covered by the “Conrad 30” program. The “Conrad 30” program allows each state health department to submit a request directly to the Department of State to initiate the waiver process for a foreign medical graduate who obtained J-1 status to change or adjust to another status without the required two-year foreign residence. The law previously required the foreign medical graduate to have acquired J-1 status before Sept. 30, 2009; the law now extends the program to cover J-1 admissions before Sept. 30, 2012.
EB-5 center OK’d: Company hopes to attract $50M in foreign funds
by Simon Shifrin, Idahobusiness.net
An Idaho company that hopes to plug the gap in financing for startups and other growing businesses in the state has won federal approval to serve as a “regional center” for foreign investment.
Invest Idaho LLC, formerly known as I-Cubed, joins the list of more than 70 centers across the country authorized to channel money from qualified foreign investors into the local economy under the EB-5 visa program.
The company plans to attract $50 million from qualified foreign investors as part of its initial phase, which will be used to set up a fund that could subsidize dozens of projects in any of Idaho’s 44 counties – bringing ideas out of university labs and startup garages, and helping small businesses test new products or markets.
“This really becomes a key – and, I think, historic – economic development milestone for all of Idaho,” said Miles Mahoney, chief executive officer. “Without capital, the great ideas die on the vine. … That’s the ‘valley of death.’ It’s a lack of seed funding. This is bringing $50 million of leverage capital into the state of Idaho.”
Rick Ritter, Invest Idaho’s chief operating officer and CEO of Idaho TechConnect, said too many good ideas in the state are getting bypassed by risk-averse banks and the angel funds and venture capital firms that are looking for massive rates of return as the economy begins to recover.
“None of those guys want to play with the kinds of folks we’re talking about,” he said. “The venture capital guys have moved upstream. Angel guys have moved upstream. It is now a worse problem than it was two years ago. That doesn’t mean we don’t have ideas. In times of economic downturn, we actually have more ideas, but less money than we had before.”
State officials have backed Invest Idaho’s efforts, with the Idaho Department of Commerce helping the company with its application to U.S. Citizenship and Immigration Services – the federal agency that oversees the program – and providing introductions to potential investors through its foreign trade offices.
Gov. C.L. “Butch” Otter has highlighted the EB-5 program as a “key element” of his effort to attract new foreign investment to Idaho as part of Project 60, his plan to grow the state’s annual gross domestic product to $60 billion from $52 billion.
“The value of U.S. residency, and being put on the fast track to citizenship, is an incredible tool to help us attract foreign investment in our Idaho businesses,” he said through a spokesman in response to the center’s creation. “We don’t want to miss this opportunity to infuse our economy with new investment that will stimulate job creation.”
The Department of Commerce says two other Idaho companies that plan to invest in resort development and tourism infrastructure are seeking regional center status. One of the companies has already submitted an application.
Invest Idaho submitted its application in March and received preliminary approval on Sept. 1, though it only confirmed the news to the Idaho Business Review last week.
The EB-5 program was launched under the Immigration Act of 1990. It offers green cards to foreign nationals who invest either $500,000 or $1 million in the United States and create at least 10 jobs within two years.
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Senate Adopts Leahy Amendment
WASHINGTON (Wednesday, July 8, 2009) – The Senate Wednesday adopted an amendment sponsored by Senator Patrick Leahy (D-Vt.) to make permanent the EB-5 Immigrant Investor Regional Center pilot program. The amendment was added to the Department of Homeland Security Appropriations Act.
Earlier this year, Leahy secured a six-month extension of the successful EB-5 Regional Center pilot program in the Omnibus Appropriations Act. He has introduced legislation in previous Congresses to make the program permanent. Since it was first created in 1993, the pilot program has attracted millions of dollars in foreign investment in the United States, and created thousands of new domestic jobs. There are 22 Regional Centers across the country, including a successful center in Vermont, with new applications pending at the immigration agency. Unless Congress permanently extends the program, it will expire in September.
“I have fought for extensions of the program in the past, and have succeeded in keeping this valuable program alive,” said Leahy. “But this program must be made permanent if it is to achieve its potential as an economic engine in our communities. Before domestic and international entrepreneurs invest their dollars in EB-5 projects, they must have confidence that the program will exist in the future. Authorizing the program for only months or a few years at a time sends the wrong message to individuals who want to make a permanent commitment to the United States. I have always believed that this program should be a permanent part of our immigration system and I have confidence that it can play a significant role in our economic recovery.”
The Leahy second-degree amendment was added to an amendment sponsored by Senator Jeff Sessions (R-Ala.) to make permanent an employee verification system. Leahy and Sessions are the Chairman and Ranking Member, respectively, of the Senate Judiciary Committee, which considers immigration-related matters.
Vermont’s Regional Center was established in 1997, and rechartered in 2007. Two Vermont ski resorts are active participants in the Regional Center pilot program and have launched ambitious development projects. Vermont’s Regional Center projects have drawn business and tourism to the state, fueling local economies and creating jobs.
The Regional Center program has generated millions of dollars in capital investment in American communities and created thousands of domestic jobs since 1993. The Centers attract foreign investors seeking legal permanent residency and a chance to invest in the American economy. Investors must pledge a minimum of $500,000 to a project within a Regional Center and independently apply for an EB-5 visa. If approved by U.S. Citizenship and Immigration Services (USCIS), foreign investors are granted a conditional two-year green card. After two years, the investor must provide proof that they have created at least ten jobs as a result of the investment and have met additional investment requirements set by USCIS. As a result of the program’s popularity, additional applications are pending with USCIS to establish new Regional Centers in several states.
For biofuels, immigration pays
By John Green, Hutchnews.com
A little known U.S. immigration program has helped quietly infuse millions of Asian dollars into development of the ethanol industry in western Kansas over the past five years.
The industry’s recent struggles, however, coupled with the economic crisis, has dozens of those investors now facing both the potential loss of their substantial investments and the reason they invested in the first place - a chance to become permanent U.S. residents.
An attorney for the California law firm directing the investments into southwest Kansas says several proposed plants - including ones in Ulysses, Dodge City and now Hiawatha - will be built.
But the clock for investors is ticking.
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USCIS Issues Guidance Memorandum on EB-5 Immigrant Investor Program
Update to Adjudicators Field Manual Clarifies the Timing of Job Creation and the Meaning of “Full-Time” Job Positions
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued a guidance memorandum that provides USCIS adjudication officers with instructions related to the timing of job creation and the meaning of “full-time” positions in the EB-5 Immigrant Investor Program.
The guidance memorandum update to the Adjudicator’s Field Manual (AFM) clarifies that for purposes of the Immigrant Petition by Alien Entrepreneur (Form I-526) adjudication and the job creation requirements, USCIS will consider the two-year period to begin six months after the adjudication of the Form I-526.
USCIS officers will ensure that the business plan filed with the Form I-526 reasonably demonstrates that the requisite number of jobs will be created by the end of the two-year period. For Regional Center petitions and for purposes of indirect job creation, USCIS adjudicators may consider economic models that rely on certain variables to show job creation and the amount of investment to determine whether the required infusion of capital or creation of direct jobs will result in a certain number of indirect jobs.
USCIS also has concluded that certain direct and indirect jobs that would have previously been considered to be temporary or intermittent (such as construction jobs) may be considered as permanent jobs for Form I-526 and the Petition by Entrepreneur to Remove Conditions (Form I-829) purposes if the positions can be expected to last at least 2 years.
New Investment Center Will Pump Billions into South Florida’s Economy
The Federally Approved South Florida Investment Regional Center Will Attract New Businesses and Jobs
MIAMI–(BUSINESS WIRE)–A new investment hub that will inject capital into the local economy has been announced. The South Florida Investment Regional Center — as it will be known — will promote economic growth, create new jobs, increase export sales, and attract capital investments to the area. Its success is assured since the incentive for the investors and the basis of the program are crystal clear:
Immigration through Investment.
Under a federal program, designed by the U.S. Dept. of Homeland Security, Citizenship and Immigration Services (USCIS) to help foreign nationals invest in local businesses in South Florida, qualified foreign investors will be eligible to receive permanent resident status in the United States — along with their immediate family — when they invest in U.S. businesses that create jobs and opportunities in our local economy. That program is known as the EB-5 Visa Program.
“This is incredible news for South Florida, especially in this tough economic time,” said Emilio T. Gonzalez, former Director of USCIS and a South Florida resident, “Businesses get capital, South Floridians get jobs, and the investor gets permanent residence, it’s a win-win-win situation,” he added.
The South Florida Investment Regional Center was approved to promote and facilitate investments under the EB-5 Visa Program for all of Miami-Dade and Monroe Counties.
“Miami-Dade and Monroe Counties are perfectly situated for this type of foreign investment opportunity. Our desirable location, dynamic economy and great investment opportunities set the stage for the success of the South Florida Investment Regional Center,” said Eric Gould, Partner and Co-Founder of the South Florida Investment Regional Center.
“Foreign investors will especially be attracted to the service we provide; high quality investment opportunities and the fringe benefits of South Florida,” adds David Hart, Partner and Co-Founder of the S.F.I.R.C.
The employment-based fifth preference — known as the EB-5 immigrant visa — was created in 1990 for immigrants who invest in U.S. companies that benefit the U.S. economy and create or save jobs in the U.S.
The required investment is $500,000 if made in a high unemployment or rural area. When they make their investment, investors receive a “conditional green card” good for two years. After that time, investors must prove to have maintained their investments having created or saved at least 10 jobs. Then, their conditional status can be converted to permanent residency. For more information, visit the South Florida Investment Regional Center’s web site at www.eb5regional.com.
EB-5 Investor Visa
On November 2, 2007, the Wall Street Journal published an article: “Got $500,000? The U.S. Awaits (Government’s EB-5 Program Offers Foreign Investors Green Cards for Job Creation)”.
A Federal program known as EB-5 (Immigrant-Investor Visa), administered by the U.S. Citizenship & Immigration Services (“USCIS”), encourages foreign investors to invest their way into the U.S.A.
Morrie Berez, chief of the EB-5 program at USCIS, stated: “The opportunity is truly beautiful to individuals who want to live and contribute their energy in the United States, and it creates economic growth and especially jobs for Americans.”
There are 10,000 EB-5 visas available every year, and only 867 issued in 2007. Based on the favorable currency arbitrage (Euro/Dollar, UK Pound/Dollar) the EB-5 visa is a cost-effective, time-efficient way to immigrate to the U.S.
An investor (and immediate family) can now obtain green cards (Permanent US Residency) with an EB-5 visa by investing $500,000 into a Government approved Regional Center (currently, over 30 Regional Centers). Investors receive the security of permanent US residence without repeated visa applications. Citizenship may be obtained after five years.
There are three forms of the investment that is made with the EB-5 visa:
1. Invest $1,000,000 into a business and hire ten employees anywhere in the USA, or
2. Invest $500,000 and hire ten employees in an area where the unemployment rate exceeds the national average by 150% or the rural population is less than 20,000, or
3. Invest $500,000 into a Government designated Regional Center and avoid direct employment.
The $500,000 investment is the least expensive way to satisfy the visa requirements in order to receive the permanent green card after the two-year period. Although the first two types of investment lead to permanent green card status, they require an additional showing that at the end of the two year period, ten qualified individuals have maintained jobs in the targeted employment area.
The minimum period of the investment is approximately three years. Once an investor emigrates they may apply to have ‘conditions’ removed after 1 year and 9 months in the USA. Processing takes up to six months. ‘Conditions removal’ means that the investment is no longer tied to the EB5, and the investor is then free to sell the investment.
With a green card via an EB-5 investment visa investors have the flexibility to take any job, run any business, retire and live anywhere in the USA, with the benefits enjoyed by U.S. citizens including property ownership or education.
USCIS Update: USCIS Changes Filing Location for EB-5 Related Items
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that petitions and applications related to the Alien Entrepreneur (EB-5) immigrant classifications and Regional Center Proposals under the EB-5 Immigrant Investor Pilot Program must be filed at the California Service Center (CSC). A Federal Register notice announcing the change was published on Jan. 9, 2009.
Currently, EB-5 petitions and applications are filed at either the Texas Service Center (TSC) or the CSC, depending on where the alien’s commercial enterprise is located. Regional center proposals are currently submitted to the Chief of Service Center Operations at USCIS headquarters. This change in filing locations is necessary to improve the efficiency in the processing of EB-5 related filings.
USCIS has established a unit at the California Service Center comprised of specially-trained adjudicators dedicated to EB-5 adjudications. By consolidating adjudications at the center, USCIS believes that it will be able to reduce overall processing times and better monitor EB-5 related adjudications.
Filing changes are effective Jan. 26, 2009. For a 30-day period that began on Jan. 9 and ends Feb. 9, 2009, EB-5 related petitions and applications mailed to USCIS headquarters or the Texas Service Center will be forwarded to the California Service Center. After February 9, EB-5 petitions and applications received at an incorrect filing location will be rejected and returned with instructions to re-file at the correct address.
For direct mail, send to:
U.S. Citizenship and Immigration Services
California Service Center Attn: EB-5 Processing Unit
P.O. Box 10526
Laguna Niguel, CA 92607-0526
For non-U.S. Postal Service deliveries (e.g. private couriers), send to:
U.S. Citizenship and Immigration Services
California Service Center Attn: EB-5 Processing Unit
24000 Avila Road, 2nd Floor
Laguna Niguel, CA 92677
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