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EB-5

I submitted an EB-5 petition and received a request for evidence (RFE) from USCIS asking for financial records from 30 years ago. Is there a limit to how far back USCIS can trace the source of funds and request documentation? How might I respond? EB-5 VisaImmigrationInvestor Visas

I submitted an EB-5 petition and received a request for evidence (RFE) from USCIS asking for financial records from 30 years ago. Is there a limit to how far back USCIS can trace the source of funds and request documentation? How might I respond?

USCIS exercises broad discretion to require documentation that traces the source of funds pursuant to an immigrant visa application. However, there are options for effectively responding to requests for documents that are unavailable or that no longer exist. Background Various…
March 8, 2021
Can I file a mandamus for my delayed EB-5 application, or must I wait to be beyond the estimated processing times? EB-5 VisaImmigrationInvestor Visas

Can I file a mandamus for my delayed EB-5 application, or must I wait to be beyond the estimated processing times?

As described in an earlier blog post, one option for those who have been waiting an unreasonably long time for the government to adjudicate their immigrant petition is suing USCIS through a mandamus action. Some who are considering this option…
March 4, 2021
What is an EB-5 Direct Investment? Can I get a Green Card through the EB-5 Program if I am an Entrepreneur? EB-5 VisaImmigrationInvestor Visas

What is an EB-5 Direct Investment? Can I get a Green Card through the EB-5 Program if I am an Entrepreneur?

Overview of EB-5 Direct Investment Program The EB-5 Investment Immigration program allows a petitioner who has invested $800,000 into a Targeted Employment Area (TEA) or $1,050,000 into a non-TEA area to obtain a green card, if they invest in a…
January 26, 2021
DC Court of Appeals Upholds Landmark Decision to Apply Unsecured Loans as Investment Capital EB-5 VisaImmigrationInvestor Visas

DC Court of Appeals Upholds Landmark Decision to Apply Unsecured Loans as Investment Capital

The DC Circuit Court has ruled that EB-5 investors can use proceeds from unsecured loan for their investment capital. Zhang v. USCIS is a November 2018 Class Action Lawsuit that challenged USCIS’ denials of EB-5 investment petitions that had investment funds…
November 18, 2020
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September 2019 Visa Bulletin: Further Retrogression for EB-1 and EB-3 Visas for China and India, big advance for EB-5 India ImmigrationNews

September 2019 Visa Bulletin: Further Retrogression for EB-1 and EB-3 Visas for China and India, big advance for EB-5 India

Every year, Congress sets limits on the number of immigrant visas that can be issued each year. In order to adjust status to that of a legal permanent resident, also known as a Green Card holder, an immigrant visa must…
August 16, 2019
New EB-5 Rules Revealed: Drastic Changes to Investment Amount and TEA Qualification EB-5 VisaImmigrationInvestor Visas

New EB-5 Rules Revealed: Drastic Changes to Investment Amount and TEA Qualification

Despite the fact that the EB-5 investment immigration program has been renewed again, again, and again, every time it has come close to expiration without change, USCIS has finally published the long-waited updates to the EB-5 program. These changes differ slightly from the proposed…
August 5, 2019
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July 2019 Visa Bulletin: New Cutoff Date Imposed for EB-5 India. Will I have to wait for an EB-5 visa if I’m Indian? EB-5 VisaImmigrationInvestor VisasNews

July 2019 Visa Bulletin: New Cutoff Date Imposed for EB-5 India. Will I have to wait for an EB-5 visa if I’m Indian?

The State Department announced on June 13, 2019 that, due to high demand, a cutoff date of May 1, 2017 will be applied for Indian EB-5 applications. Every year, Congress sets limits on the number of immigrant visas that can…
June 14, 2019
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