The U.S. District Court of the Northern District of California decided on June 23rd, 2021 to rule in favor of its request to vacate the EB-5 Modernization Rule implemented by the Department of Homeland Security (DHS) in 2019. The court’s decision restores the original rules for the EB-5 program, which was created by the Immigration Act of 1990 as a method for providing qualified investors the opportunity to obtain a permanent green card. The program requires a minimum $500,000 investment in a U.S. business that would create at least 10 full-time jobs for American workers. The 2019 Modernization Rule bumped the investment from $500,000 to $900,000, an update that stifled participation in the program. The suit was brought by Behring Co., a real estate developer and the operator of Behring Regional Center.
The Modernization Rule also made problematic changes to the program’s Targeted Employment Area (TEA) designation process, removing the states’ authority to determine TEA eligibility without a viable replacement and resulting in processing times that took years to complete. This change helped contribute to EB-5 petitions dropping by more than 99% percent since November of 2019. “The Court’s decision to right this wrong will provide a positive opportunity for EB-5 investors and regional centers to unite with policymakers in forging meaningful legislative change that ultimately leads to creating American jobs and economic growth”, said Laura Foote Reiff, an immigration attorney who helped represent Behring Co.
With the original rules in effect, EB-5 investors may once again invest $500,000 in TEA-qualified locations that create at least 10 full-time jobs. Since its inception, EB-5 investor have injected more than $41 billion and created over 820,000 jobs. However, the program is set to expire June 30th, with lawmakers currently considering modifying certain components of the EB-5. If you have any immigration issues or would like to try and apply for the EB-5 program, feel free to call the Lei Jiang Law Firm at 440-835-2271, as we handle a variety of immigration legal issues and applications.
On April 27, 2018, one of our cases was dismissed by 67th District Court, Case no. 17TA0776. Our client was charged with a felony crime. After good effort on part of the attorneys, we successfully got the case dismissed. The client is free of all charges.
Our client is exuberated over the result. It is especially important due to her immigration status. Thereafter, she gave our legal service a “5” star rating. To see other clients’ rating of us online, please go to https://www.avvo.com and find attorney Lei Jiang. More than 50 clients have rated legal service provided by our lead counsel, Ms. Lei Jiang, a five star service!
Whether it is a criminal or civil case, we handle your case with uttermost care and best effort. If you or your company need a competent law firm to handle disputes or litigation, please contact us.
On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would take steps to implement the International Entrepreneur Rule (IER) in accordance with a court decision on December 1, 2017.
IER was published during the Obama administration to provide an unlimited number of international entrepreneurs a new opportunity to apply for parole, enter the U.S. and use American investments to establish and grow start-up businesses.
Since this is parole, it is a discretionary grant made by the Secretary of Homeland Security and is granted only on a case-by-case basis. Moreover, the Trump administration has made it clear that parole should be used scarcely.
While DHS implements the IER, it is also proceeding with issuing a notice of proposed rulemaking seeking to remove the IER.
On October 12, 2017, USCIS changed the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:
Petitioners now file Form I-129 according to the state where the company or organization’s primary office is located. Previously, petitioners filed Form I-129 based on the beneficiary’s temporary employment or training location.
Petitioners located in Florida, Georgia, North Carolina and Texas now file Form I-129 at the California Service Center.
Starting November 11, 2017, USCIS may reject Form I-129s that are filed at the wrong service center.
On April 23, 2011, USChinaPress.com, a leading Chinese newspaper and website, interviewed attorney Lei Jiang about EB5 Investment Based Immigration. The article (in Chinese) is published at http://epaper.uschinapress.com:81/qiaobao/html/2011-04/23/content_447965.htm.
Lei Jiang Law Firm provides quality legal services in immigration. Our attorneys are dedicated to helping clients solve problems in a quick and affordable fashion. If you have any questions or concerns, please feel free to contact us.
On December 6th, 2010, attorneys from Lei Jiang LLC gave a presentation on immigration at Cleveland Marshall College of Law at Cleveland State University for international students. The presentation talked about H1B, labor certificate, investment immigration, and other immigration topics. Many students who attended the presentation found it informative and relevant.
Lei Jiang LLC provides H-1B and other immigration legal services. If you have any question or need, please contact us.