(News and views from IBLF staff and attorneys)
During the last few months, several countries around the world have faced difficult times. As a result, and thanks to the advocacy of many people, nationals from countries such as Liberia, Syria, Guinea, Sierra Leon, and most recently, Nepal, have been issued TPS.
Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017." - Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015
Question Detail: I have a permanent U.S. green card (earned from EB-5), but I have been living outside of the United States since December 2009. Am I still considered a U.S. permanent resident? If not, would I be eligible to immediately reapply for permanent residency through the EB-5 program? Would my previous EB-5 application disqualify me?
Question Detail: What happens if the main applicant on the I-526 petition dies before the petition is approved? Can the spouse be substituted in place of the main EB-5 applicant?
Question Detail: I am the owner of a Brazilian company and I founded another based in Chicago in 2005. I have had ups and downs with the U.S. business and had up to five full-time employees. Currently I have one full time and one part time employee. Our gross revenue is in the 500,000 to $1 million per year. I applied for the L-1 visa and was rejected, and appealed and was rejected again. Will the fact that I have had two L-1 visa rejections affect my EB-5 eligibility if I apply? What requirements will I have to meet if I apply for the EB-5 visa?
Question Detail: I would like to sell my business. Would the EB-5 program be a good market for this? Are EB-5 investors interested in buying stand-alone existing businesses? Would regional centers also be interested in buying an existing business for EB-5 purposes?
Question Detail: My friend is a U.S. citizen who owns a thriving business in Texas. He wants to expand the company to an office in Los Angeles. We are thinking this would be a good opportunity for me to invest and apply for EB-5 at the same time. Will a new location of an existing company be eligible for EB-5 investment? What if some of the employees relocate to Los Angeles? Can we count their new jobs towards my EB-5 job requirement?
Question Detail: I have a UK Caution on my criminal record. The Caution is for Common Assault and occurred in a domestic situation whilst defending myself. Would this Caution prevent my I-526 from being approved if I apply for EB-5? And will it be a problem later during consular processing? What criminal charges would bar someone from immigrating through EB-5?
Question Detail: What is a Notice of Intent to Deny? How is the NOID different from a Request for Evidence? How should an EB-5 investor respond to a NOID versus an RFE?
Question Detail: If I invest in a EB-5 program, when can I, at latest, move to the United States? My children want to finalize their school here, which will take about 4 to 5 years before we move to the United States. However, I want to make the investment in 2015. Will that be a problem? Or can I use my visa at any time? Could I just fulfill the U.S. residency requirements while my children finish school?
