Recently, the EB-5 program has experienced a remarkable resurgence, capturing the attention of investors, developers, and immigration practitioners alike. The question that arises is, “What has led to this revitalization?” Within this article, we will discuss the three main factors that have caused EB-5 to return to the spotlight. EB-5 Reform and Integrity Act of... The post What’s Causing the Resurgence of EB-5 appeared first on Patel Law Group ..read more

Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards.  Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards.  This was great news. Typically, there are 140,000 employment-based green cards available... The post USCIS Expected To Use All Available Employment Based Green Cards This Fiscal Year appeared first on Patel Law Group ..read more

Late last evening, the US Congress reauthorized the EB-5 Regional Center Program by a vote of 68-31.  This is great news for current EB-5 Regional Center investors and those who are looking to utilize the EB-5 Regional Center program moving forward. As a part of the reauthorization, it is expected that USCIS will immediately start... The post Breaking News! Congress Reauthorizes the EB-5 Regional Center Program appeared first on Patel Law Group ..read more

Filing a Federal Lawsuit under the Administrative Procedure Act (“APA”) is one way in which employers/individuals can challenge unlawful agency action.  Similarly, a Mandamus action can be filed where the agency fails to act within a reasonable time. Exhaustion Requirement Filing suit in Federal Court does not require an employer/individual to exhaust administrative remedies such... The post APA Litigation and Mandamus Filings General Information appeared first on Patel Law Group ..read more

Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards.  Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards.  This was great news. Typically, there are 140,000 employment-based green cards available ..read more

Late last evening, the US Congress reauthorized the EB-5 Regional Center Program by a vote of 68-31.  This is great news for current EB-5 Regional Center investors and those who are looking to utilize the EB-5 Regional Center program moving forward. As a part of the reauthorization, it is expected that USCIS will immediately start adjudicating EB-5 applications that were filed before the expiration of the program.  It is important to note that all applications that were previously filed will be adjudicated under the regulations that were in place at the time of filing. The EB-5 Refor ..read more

According to the May 2020 Visa Bulletin released by the Department of State, the new EB-5 visa availability date for India is October 1, 2019.  This is great news for all applicants that have an approved I-526 with a priority date of October 1, 2019 or earlier.  However, for all the applicants that do not have an approved I-526, this does not help too much as they cannot apply for adjustment of status or consular processing for a green card.  As a result, people who have current priority dates are stuck in a long waiting game to get their I-526 approval. On January 29th, USCIS a ..read more

Filing a Federal Lawsuit under the Administrative Procedure Act (“APA”) is one way in which employers/individuals can challenge unlawful agency action.  Similarly, a Mandamus action can be filed where the agency fails to act within a reasonable time. Exhaustion Requirement Filing suit in Federal Court does not require an employer/individual to exhaust administrative remedies such as filing a Motion to Re-open/Re-consider or an Appeal.  If a case is delayed or denied employers/individuals can go straight to Federal Court and bring an action under the APA. So what type of cases can be ..read more

As many of you have probably seen, according to the February 2020 Visa Bulletin by the Department of State, the priority date for India for EB-5 category visas for regional centers is now September 1, 2018 (February 2020 Visa Bulletin). While this is great for Indian born applicants that have either now become current or are closer to their priority date, this priority date is empty until USCIS expedites the processing of I-526 applications. Currently, USCIS has a timeline of 32.5 to 49.5 months for the application to be processed. USCIS is the government agency that adjudicates the applicatio ..read more