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12-05 09:20 PM
This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. ? 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE?s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor?s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. ? 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE?s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor?s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
theoyilma
09-09 07:47 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Thanks
Theo
2011 Red hair
chanduv23
09-17 02:42 PM
MY DEAREST FRIENDS, BROTHERS, SISTERS, AUNTS, UNCLES, EVERYONE
I WILL BE LEAVING TO DC IN AN HOUR SO WILL NOT BE POSTING ANY MORE MESSAGES
IN THE PAST FEW DAYS I HAVE BEEN POSTING SOMEE THREADS THAT MAY HAVE ANNOYED SOME FOLKS.
NOTHING PERSONAL HERE AND I WOULD LIKE TO APOLOGIZE TO THOSE WHO DID FEEL OFFENDED BY MY POSTS
I WOULD LIKE TO THANK THIS WONDERFUL COMMUNITY OF PEOPLE WHO ARE REACHING OUT TO HELP EACH OTHER
I STAND FOR UNITY AND SUPPORT.
SO PLEASE TAKE IT EASY AND DO PLEASE MAKE IT TO DC TOMORROW. IT IS YOUR EVENT AND YOU MUST STAND UP FOR YOURSELF
Best Regards and Wishes to each and every one of you,
Chandrakanth
I WILL BE LEAVING TO DC IN AN HOUR SO WILL NOT BE POSTING ANY MORE MESSAGES
IN THE PAST FEW DAYS I HAVE BEEN POSTING SOMEE THREADS THAT MAY HAVE ANNOYED SOME FOLKS.
NOTHING PERSONAL HERE AND I WOULD LIKE TO APOLOGIZE TO THOSE WHO DID FEEL OFFENDED BY MY POSTS
I WOULD LIKE TO THANK THIS WONDERFUL COMMUNITY OF PEOPLE WHO ARE REACHING OUT TO HELP EACH OTHER
I STAND FOR UNITY AND SUPPORT.
SO PLEASE TAKE IT EASY AND DO PLEASE MAKE IT TO DC TOMORROW. IT IS YOUR EVENT AND YOU MUST STAND UP FOR YOURSELF
Best Regards and Wishes to each and every one of you,
Chandrakanth
more...
CRAZYMONK
08-18 08:54 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
Please advise me what to next..! Is there any chance of a positive result.?
IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?
Thank you..
Rgds,
Raju
So its not denied. They are asking you to provide more documentation. MTR is not necessary
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
Please advise me what to next..! Is there any chance of a positive result.?
IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?
Thank you..
Rgds,
Raju
So its not denied. They are asking you to provide more documentation. MTR is not necessary
ch102
11-17 04:26 PM
Indian students in US cross 100,000 mark- Visa Power-Travel-Services-News By Industry-News-The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/Indian-students-in-US-cross-100000-mark/articleshow/5241333.cms)
The number of students from India enrolled in US universities and colleges crossed 100,000 for the first time ever this year even as Most expensive cities for expats
international enrollments in America registered the largest percentage increase since 1980, defying broad economic trends.
As the number of international students at colleges and universities in the US increased by 8% to an all-time high of 671,616 in the 2008/09 academic year, students from India made up 103,260 of the overall number, according to the Open Doors report, which is published annually by the Institute of International Education (IIE) in collaboration with the US government.
The Indian numbers went up 9.2 per cent from 94,563 in 2007/2008 to cross 100,000 for the first time to retain its position as the top place of origin for international students in the United States. China remained in second place, although there was a sharp 21 per cent spike in students from China, going up from 81,127 last academic year to 98,235 this year. South Korea (69,000 to 75,000) remained in third place.
This is the eighth consecutive year that India has remained in the top spot. In course of a preview of the forthcoming visit to Washington of Prime Minister Manmohan Singh next week, Indian officials said on Monday that Indian student inflow contributed nearly $ 3 billion to the US economy last year. Overall, international students contribute $17.8 billion to the US economy, through their expenditures on tuition and living expenses, according to the US Department of Commerce.
Authors of the report said the findings do not reflect the full impact of the past year's economic downturn, since decisions to come to the United States to study were made before the financial effects were fully felt in the sending countries.
...................
The number of students from India enrolled in US universities and colleges crossed 100,000 for the first time ever this year even as Most expensive cities for expats
international enrollments in America registered the largest percentage increase since 1980, defying broad economic trends.
As the number of international students at colleges and universities in the US increased by 8% to an all-time high of 671,616 in the 2008/09 academic year, students from India made up 103,260 of the overall number, according to the Open Doors report, which is published annually by the Institute of International Education (IIE) in collaboration with the US government.
The Indian numbers went up 9.2 per cent from 94,563 in 2007/2008 to cross 100,000 for the first time to retain its position as the top place of origin for international students in the United States. China remained in second place, although there was a sharp 21 per cent spike in students from China, going up from 81,127 last academic year to 98,235 this year. South Korea (69,000 to 75,000) remained in third place.
This is the eighth consecutive year that India has remained in the top spot. In course of a preview of the forthcoming visit to Washington of Prime Minister Manmohan Singh next week, Indian officials said on Monday that Indian student inflow contributed nearly $ 3 billion to the US economy last year. Overall, international students contribute $17.8 billion to the US economy, through their expenditures on tuition and living expenses, according to the US Department of Commerce.
Authors of the report said the findings do not reflect the full impact of the past year's economic downturn, since decisions to come to the United States to study were made before the financial effects were fully felt in the sending countries.
...................
more...
dontcareanymore
08-04 03:36 PM
Someone gave me red for this post...i dont understant why???
Two words :
Trigger happy ....
Two words :
Trigger happy ....
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indigokiwi
05-20 03:32 PM
What exactly does "OP" stand for?
more...
miamikk
02-06 08:49 PM
I was able to file for COS on my own and successfully got it approved. The process took just about a month.
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broadcaster
11-19 10:28 AM
Thanks for the information. On november 9, 2007, I called using other options and CSR level 2 took my data to begin a report. Today, I followed your instructions to check if there was a more effective way to obtain an aswer, but I am really dissapointed. CSR used my name to look in their system. The only thing that she could found was my H visa application. She never mentioned that there was an investigation due to my call of november 9. Finally she just asked me to wait 30 more days, and neven mention the option to place a report.
more...
sku
12-31 12:43 AM
Bump
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karthkc
03-18 01:37 PM
If I work on EAD for company XYZ then will I loose my H1B with company ABC?
Yes. Your H1B will be invalidated if you start work on EAD....
Yes. Your H1B will be invalidated if you start work on EAD....
more...
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jay
05-19 08:22 PM
Sec 520(e) of the Cornyn Amendment SA 4005 requires that all backlogs be eliminated in six monts. If we are not behind this amendment, perhaps we should try to copy this provision into Brownback's?
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martinvisalaw
01-12 02:19 PM
My husband and I are British, not sure if that slows things up or down :)
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
more...
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gcfriend65
06-06 08:57 AM
OK, Here is my situation. I came to the U.S. in August 1998 on F-1 visa stamped until Dec. 2000. I continued on my F-1 I-94 till November 2002, at which point I switched to H-1 B. I have changed three jobs prior to this one, but never have been out of status. I have all my pay stubs, income tax returns and original I-797's for the companies I worked for and am currently working. I have two Master's degrees from US university. Is it advisable to go for H-1 B visa stamping in Canada, Mexico or Mumbai, India. I have my passport valid till April 2015.
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indianabacklog
06-10 01:45 PM
Thanks for encouragement,
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
I did not get the case number from the hard copy but the electronic copy which I can access from my online account information.
I did write my husbands A# on the back of the photo in pencil if I remember rightly but just so that it did not push through the imprint on the photo itself.
Believe in yourself. I filed both mine and my spouse's adjustment of status packet myself and we have our green cards without any requests for evidence. If you have read the instructions and followed them, filled all the blank spaces in on the form and supplied all the other documents etc that are needed you are doing fine. If the USCIS needs anything else they will ask for it.
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
I did not get the case number from the hard copy but the electronic copy which I can access from my online account information.
I did write my husbands A# on the back of the photo in pencil if I remember rightly but just so that it did not push through the imprint on the photo itself.
Believe in yourself. I filed both mine and my spouse's adjustment of status packet myself and we have our green cards without any requests for evidence. If you have read the instructions and followed them, filled all the blank spaces in on the form and supplied all the other documents etc that are needed you are doing fine. If the USCIS needs anything else they will ask for it.
more...
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eb2dec2005
10-24 03:08 PM
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
hi Chandu,
I have used my EAD to join a perm position. I did not inform my employer about it, since he neither paid me while i was out of project,nor retained my health insurance.Although , iam not sure if he has cancelled by I140 or not.
Please let me know what documents are needed to invoke AC21.
I just know the job title on which my PERM was applied .
It was Software Engineer (Systems Software) with MS + 1 Year
And also i do have a copy of the approved I140.
Appreciate your help.
Thanks,
hi Chandu,
I have used my EAD to join a perm position. I did not inform my employer about it, since he neither paid me while i was out of project,nor retained my health insurance.Although , iam not sure if he has cancelled by I140 or not.
Please let me know what documents are needed to invoke AC21.
I just know the job title on which my PERM was applied .
It was Software Engineer (Systems Software) with MS + 1 Year
And also i do have a copy of the approved I140.
Appreciate your help.
Thanks,
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lifestrikes
03-10 10:25 AM
Report: U.S. needs immigration boost of high-skilled workers - CNN.com (http://edition.cnn.com/2011/US/03/09/texas.fed.immigration/)
Link to Report - http://www.dallasfed.org/fed/annual/2010/ar10b.pdf
Link to Report - http://www.dallasfed.org/fed/annual/2010/ar10b.pdf
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sapking
12-14 11:13 PM
What did your attorney say?
bvibhu
07-17 08:43 PM
Thanks a billion to IV core...Thanks a lot to Emilio, Thanks a lot to Lofgren, Thanks a lot for all the memebrs on this forum for cheering me up through this tough time.
My ton of thanks to those members who participated in the SanJose rally...
My ton of thanks to those members who participated in the SanJose rally...
webm
05-06 09:14 AM
First of all there is no "substitution labor" anymore..USICS may not accept it according to a new rule set in last yr June..
