USCIS Publishes Comprehensive New EB5 Rule

On July 24, 2019, the United States Citizenship and immigration Services (USCIS) published its new final rule on the EB5 immigrant investor program, titled “EB-5 Immigrant Investor Program Modernization” [84 FR 35750 (Jul. 24, 2019) PDF version]. The rules, which take effect on November 21, 2019, represent arguably the most significant changes to the EB5 program since its inception in 1993. In this post, we will briefly examine the key points of the new rule with reference to the USCIS's press release on the matter [PDF version]. We will publish a comprehensive article on the new rule in the near future, before it takes full effect.

The four most significant changes in the new final rule are as follows:

1. The standard minimum investment amount will be raised from $1,000,000 to $1,800,000. The standard minimum investment amount for TEAs will be raised from $500,000 to $900,000. The minimum investment amounts will automatically adjust for inflation every five years. The EB5 minimum investment amounts had not been changed since the EB5 program took effect.
2. Rather than allow states to designate certain geographic and political subdivisions as high-unemployment areas through combining series of census tracts to combine a prosperous area with actual high-unemployment areas, the DHS will make such designations based on revised requirements in the final rule. This will potentially have a significant effect on certain EB5 projects in large cities, including New York City.
3. The new rule will require certain derivative EB5 family members to independently file for the removal of conditions from their lawful permanent resident status. This independent filing requirement will not apply to derivative family members who were included in a principal EB5 investor's petition to remove conditions.
4. The new final rule will allow certain EB5 immigrant investors to retain their original priority date when they need to file a new EB5 petition.

The new EB5 rule will dramatically alter the EB5 landscape, from raising the minimum investment thresholds to changing the TEA-designation process. EB5 investors and potential EB5 investors should consult with an experienced immigration attorney for case-specific guidance on how they may be affected by the new rules. We will update the website with a detailed look at the new rules in the near future. For the time being, please see our growing selection of articles on Investment Immigration [see category] to learn about a variety of issues involving the EB5 program.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Senate Confirms Mark Esper as Secretary of Defense

On July 23, 2019, the U.S. Senate confirmed Mark Esper as the new Secretary of Defense by a vote of 90-8. Esper had been serving as the Acting Secretary of Defense since June 23, 2019 [see blog]. He had previously served as Secretary of the Army since November 20, 2017. The Defense Department had been without a Senate-confirmed Secretary since former Secretary James Mattis departed on December 31, 2018.

On July 25, 2019, Secretary Esper delivered remarks at a welcoming ceremony, which you can watch courtesy of the White House's YouTube channel [see here].

The Defense Department has a limited role in the immigration context. It advises the President on certain national security and refugee program-related matters, administers the now-suspended MAVNI program [see article], and is playing a minor role in assisting the Department of Homeland Security in securing the Southwest border.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

President Trump Nominates Eugene Scalia to be Next Secretary of Labor

On July 19, 2019, Alexander Acosta resigned as the Secretary of Labor, leaving Deputy Secretary Patrick Pizzella as the Acting Secretary of Labor. One day earlier, President Donald Trump announced that he would nominate Eugene Scalia to be the next Secretary of Labor. The Department of Labor (DOL) plays a significant role in the administration of certain immigrant and nonimmigrant work visa categories, including being responsible for labor certification [see category].

Eugene Scalia is the son of former Supreme Court Associate Justice Antonin Scalia. He has spent most of his career in private practice, but served for one year as the Solicitor of the Department of Labor during the George W. Bush Administration.

We will update the website with more information if Scalia is confirmed to serve as the next Secretary of Labor.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Delays in Processing Intercountry Adoptions From South Africa

On June 28, 2019, the U.S. Department of State advised prospective adoptive parents and adoption service providers of potential delays in the processing time to complete intercountry adoptions from South Africa [PDF version]. The cause for delay is the South African Department of Home Affairs' changing its process on how Hague Convention adoptions are noted on birth certificates.

The DOS advises prospective adoptive parents of children from South Africa to keep their travel plans flexible while waiting for the South African Department of Home Affairs to issue birth certificates and passports. The DOS states that while the previous processing time was approximately six weeks, it has now received reports from prospective adoptive parents and adoption service providers of waits of one year or more in some cases.

The DOS states that both the Consulate General in Johannesburg and the South African Central Authority are aware of the delays in processing birth certificates and South African passports for children adopted under the Hague Convention and are monitoring the situation.

Those facing adoption delays should continue working with their adoption service providers. An experienced immigration attorney may be able to assist with the immigration aspects of intercountry adoptions. To learn more about intercountry adoption generally, please see our growing selection of articles on site [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com