U.S. Spurs Foreign Investments
Through EB-5 Visa Program

by Stephen H. Davis, Esq.
Introduction
One of the programs initiated by the United States government for “employment creation” is known as the EB-5 investor visa program. It has led to an influx of dollars of direct foreign investments and helped create jobs for Americans.
According to Immigration Daily (ilw.com) the EB-5 program was resurrected in Fiscal Year 2005. The number of these investor visas given out each year is capped at 10,000, but USCIS has never “given out” even half that many; less than 3,500 were issued in FY 2011. During the first quarter of FY 2012, USCIS announced it had issued 2,364. “Extrapolating those numbers across the entire year suggests USCIS will come close to reaching the quota for the first time ever this year, nearly tripling last year’s total.” (Immigration Daily, March 2, 2012)

The Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration Services (“USCIS”) has extended the Immigrant Investor Pilot Program until September 30, 2012, under the EB-5 “preference category”, with the end goal of attracting foreign investment into this country. And, this is in exchange for the much coveted visa status of being a U.S. conditional permanent resident. The investor must apply after two years to have the “conditions removed.”

What is the EB-5 Immigrant Investor program? Is it related to the E-2 visa?

Very briefly stated, an immigrant investor is a foreign person who owns a business investment in the United States which is worth a million dollars and which provides employment for 10 or more U.S. workers. This is not to be confused with the
E-2 Treaty Investor nonimmigrant visa available for nationals of around 76 countries. This visa can be renewed indefinitely depending on the business and is available for small investments of usually US$100,000 or more, but can even be less.

What are basic requirements to be an EB-5 Immigrant Investor?
- US$1,000,000 (“$1M”) or US$500,000 in certain areas plus 10 full time U.S. workers
- Direct involvement of investor in the enterprise
- Must validate the legal source of funds
What is the EB-5 Regional Center program?
This pilot program is essentially the same with the regular EB-5 investor program, except these investments are affiliated with an economic unit known as a “Regional Center”, which takes advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs. There are 200+ Regional Centers across the U.S.
What are the basic requirements of EB-5 Regional Center?
Regional Centers – Target Employment Area
- US$500,000 ($500K”) passive investment in majority of cases and $1M if the investment is in a large metropolitan area
- Must validate the legal source of funds
What is the definition of a Regional Center?
A Regional Center is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. The organizers of a regional center seeking the “Regional Center” designation from USCIS must submit a proposal, supported by economically or statistically valid forecasting tools, showing:
· How the regional center plans to focus on a geographical region within the United States. The proposal must explain how the regional center will promote economic growth in that region.
· How, in verifiable detail (using economic models in some instances), jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan.
· The amount and source of capital committed to the regional center and the promotional efforts made and planned for the business project. How the regional center will have a positive impact on the regional or national economy.
What services does an immigration lawyer provide in obtaining the EB-5 visa?
Individual Investment – not Regional Center
My job as immigration lawyer is to obtain the necessary documentation, review the details, and determine if the case is within a reasonable range of probability of approval by the USCIS; preparation and filing the governmental forms with supporting documentation; serve as liaison with the appropriate government agencies.
Regional Center cases – details provided upon request.

______________________________________________________________________

Stephen H. Davis, Esq. has practiced immigration law full-time for more than 30 years. He has represented clients from 180 different countries. Reach him at (904)448-8500 or toll free in the U.S. at
1(866)448-1269, or at info@stephenhdavis.com . Check his website at www.stephenhdavis.com.

ASK MR. LIBERTY
© Stephen H. Davis 2012

An officer at the headquarters of the Immigration Service (formerly INS; now USCIS) was quoted by the Washington Post that “immigration is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold.” The “Ask Mr. Liberty” column has appeared in various ethnic newspapers since the 1980s; the articles were written in the hope of enlightening the public about immigration mysteries, questions and concerns. Below is one of the numerous legal issues of obfuscation that we encounter at our law office daily for immediate analysis, solution and advice.

CAN I GO TO SCHOOL IF I ENTERED THE U.S. AS A VISITOR?
(B-2 VISA TO F-1 VISA)

Dear Mr. Liberty,
I entered the U.S. under a B-2 visa to stay with relatives. I have two years at University of the Philippines. I want to graduate from a U.S. university. Am I allowed to enroll in school while in B-2 status? If not, how do I become a legal student. Thank you.
Sincerely,
Maria, prospective college student
Dear Maria,
The good news is that you can change status from visitor to student. However, under the regulations, at 8 CFR 214.2(b)(7), you are specifically prohibited from studying in the United States while in B-1 or B-2 status.
Before enrolling in classes, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in classes while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in classes, are not eligible to extend their B status or change to F-1 or M-1 status. (M-1 status is for vocational and trade schools). These regulations provide no exceptions.
A change of nonimmigrant status from B-2 to F-1 may be requested when as applicant:
· You have not yet enrolled in classes
· Your current status has not expired
· You have not engaged in unauthorized employment
F-1 nonimmigrants, as defined in Section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in a Student and Exchange Visitor Program (“SEVP”) approved schools. “Full course” is usually 12 credit hours per semester. A nonimmigrant student may be admitted for duration of status (“D/S”). This means that you are authorized to stay in the U.S. for the entire length of time during which you are enrolled as a full-time student in an educational program and any period of authorized practical training plus sixty days. While in the U.S. you must maintain a valid foreign pasport unless you are exempt from passport requirements.
The first step is to apply to a school in the U.S. The school must be a Student and Exchange Visitor Program (“SEVP”) – certified school. It is necessary to show sufficient funds for the first year (or more) of study. Once you are accepted to an SEVP-certified school, your school will give you a document called a Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status – For Academic and Language Students. The Form I-20 is a paper of record of your information in the Department of Homeland Security (“DHS”) database called Student and Exchange Visitor Information System (“SEVIS”). Each school that accepts you will mail you a Form I-20 A-B (your copy is known as I-20 ID). Once you have your Form I-20, you are ready for the next step – paying your SEVIS fee pursuant to Form I-901, to-wit: $200. This is payable on-line.
I encourage prospective students to work closely with their designated school official (“DSO”) to coordinate the timing of applying for change of status and enrolling in classes.
The next step to change your nonimmigrant status from B-1/B-2 to F-1 is to file an Application to Extend/Change Nonimmigrant Status (Form I-539), and include the required fee, to-wit: $290 and documents listed in the filing instructions. Make sure your Form I-20 information matches that on your SEVIS I-901 fee form.
It is very important that you must be accepted by the school, college, university which is SEVP-certified first as a pre-requisite. You must be in possession of a valid Form I-94, Arrival/Departure card (usually stapled in your passport).
The U.S. Department of State (“USDOS’), at U.S. Embassies and American Consulate General posts generally inform prospective students about the procedures for obtaining an F-1 visa prior to coming to the U.S. It is acceptable for prospective students to come to the U.S. to look for a school to attend. In such cases the B-2 visitor applicant is expected to notify the American Consul (“AmCon”) of his or her intent. Also the visitor is expected to notify the DHS, U.S. Customs and Border Protection (“CBP”) officer/inspector at the port of entry that he/she is coming to look at prospective schools to attend.
In the absence of the notation on the B-2 visa in the passport or on Form I-94, as “prospective student” schools will advise that a change of status (“COS”) application be filed on or after the prospective student has physically been in the U.S. for at least 90 days.
Most schools through their international students office/international education advisor/foreign student advisor will mail the COS application to USCIS. Make sure you obtain a photocopy of all the forms, filing fee/s, supporting documents, covering letter, and that the package is sent certified mail, return receipt requested. Immigration lawyers have learned from prospective clients that the government informed them that it did not receive the package or it was not received prior to the expiration of stay on their I-94. Normal processing time is 90 days, but this is not guaranteed and some applications have taken many months. You cannot attend classes until your status is approved as indicated on an on-line status check or you receive the Notice of Action - Approval on Form I-797.

Dream Act:
Illegal immigrants could pay less for college

Reported by: Dee Registre
Email: dregistre@ActionNewsJax.com
Published: 10/14 5:53 pm
JACKSONVILLE, Fla. — For freshman Trevor Cheatham, college isn’t cheap. “It’s really expensive. It’s over $10,000 a semester,” he said.

He is one of around 800 students at the University of North Florida who pay three times more for tuition because they are out of state students. But soon illegal immigrants could also pay less for the same education.

“It’s not right if you ask me,” said Cheatham.

A law introduced to the House and Senate would allow illegals to pay the in-state tuition rate if they have attended a Florida high school for at least three years.

“By being here, they are contributing to the local economy,” said Stephen Davis. Stephen is an immigration lawyer, and he says being able to go to college is part of the American dream.

“The law is not saying that they agreed to free tuition. They will just pay what everyone else who lives in the state would pay,” said Davis.

No one knows how many students would benefit from this new law because the state doesn’t track undocumented students.

“If they want to go to college that’s cool. More power to them, but I definitely think they should pay the out of state rate,” said Cheatham.

The law would also require undocumented students to file an affidavit saying they intend to become legal immigrants. If the law passes it goes into effect July 1st.

Copyright 2011 High Plains Broadcasting LLC All rights reserved. This material may not be published, broadcast, rewritten, or redistributed

Dream Act:
Illegal immigrants could pay less for college

Washington (CNN) — In a move that could shake up the U.S. immigration system,
the Department of Homeland Security is going to begin reviewing all 300,000
pending deportation cases in federal immigration courts to determine which
individuals meet specific criteria for removal and to focus on “our highest
priorities.”

DHS Secretary Janet Napolitano said the review will enhance public safety.
“Immigration judges will be able to more swiftly adjudicate high priority cases,
such as those involving convicted felons,” Napolitano wrote Thursday in a letter
to assistant majority leader Sen. Dick Durbin, D-Illinois, and 21 other senators
including Indiana Republican Richard Lugar.

In April, Durbin and Lugar sent a letter to Napolitano asking her to stop
deportations of immigrant students who could earn legal status under the
DREAM Act — legislation that would give children of illegal immigrants a path
to citizenship through military service or college education.

Napolitano said the Obama administration has frequently pointed out “it makes no
sense to expend our enforcement resources on low-priority cases, such as
individuals… who were brought into this country as young children and know no
other home.”

Officials say immigration court dockets are clogged, putting public safety in
jeopardy, costing money, resources and time. They want to see DHS enforcement
resources diverted from illegal immigrants who don’t have criminal records to
individuals who pose a threat to public safety and national security.

A senior administration official, who requested anonymity because details of the
policy change had not yet been announced, told reporters 79% of deportations
involve people without a criminal record — people who have just entered the
country illegally or had been previously deported and re-entered.

Napolitano said the new policy change would not negate reforming immigration
laws and “will not alleviate the need for passage of the DREAM Act,” which would
give legal status to illegal immigrant students who attend college or join the
military. She added, “President Obama has called the DREAM Act the right thing
to do for the young people it would affect, and the right thing to do for the
country.”

But the Federation for American Immigration Reform (FAIR), which advocates
changing policies to decrease the number of immigrants coming to the United
States, said in a statement on its website that the action by the Obama
administration “amounts to an administrative amnesty and a sweeping overhaul of
the nation’s immigration policy without approval by Congress.”

FAIR President Dan Stein said in the statement, “In essence, the administration
has declared that U.S. immigration is now virtually unlimited to anyone willing
to try to enter and only those who commit violent felonies after arrival are
subject to enforcement.”

Under the new process, a DHS and the Department of Justice working group will
develop specific criteria to identify low-priority removal cases that should be
considered for prosecutorial discretion, including cases with minors, the
elderly, pregnant and nursing women, victims of serious crimes, veterans and
members of the armed services and individuals with serious disabilities or
health problems.

Durbin expressed support for the Obama administration announcement, saying in a
written statement that it was “the right decision” specifically as it relates to
students.

“These students are the future doctors, lawyers, teachers and maybe, senators,
who will make America stronger,” Durbin stated. “We need to be doing all we can
to keep these talented, dedicated, American students here, not wasting
increasingly precious resources sending them away to countries they barely
remember.”

Durbin’s statement added that when reviews of individual cases result in cases
being closed, those individuals “will be able to apply for certain immigration
benefits, including work authorization.”

Durbin’s statement did not elaborate on that aspect of the policy change, beyond
saying such applications for benefits would be reviewed on a case-by-case basis.

The National Day Laborer Organizing Network, an organization advocating improved
rights for day laborers, praised the move. “The administration had earned the
President the title of ‘Deporter-in-Chief.’ We hope the statement today
announcing review of the current caseload of victims of indiscriminate
enforcement is carried forth,” the group said in a news release.

CNN en Espanol’s Ione Molinares contributed to this report.

WASHINGTON – U.S. Citizenship and Immigration Services announced (last January 14, 2011) that the Department of Homeland Security (DHS), in colsultation with the Department of State, has identified 53 countiries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

The H-2A program allows U.S. employers to bring foreign nationals. to the United States for temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the United States for temporary nonagricultural jobs. USCIS, with limited exception, approves petitions only for nationals of countires designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. A new list of eligible countries publishes in a Federal Register notice on January 18, 2011, and the designations are valid for one year from the date of publication.

Effective January 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu. Of these countires, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

After considering a number of relevant factors under the governing regulations, the Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.

This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status. A national from a country that is not on the list may be the beneficiary of an approved H-2A or H-2B petition if the Secretary of Homeland Security determines, in her sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition.

Article in The New York Times International, Tuesday, August 11, 2009, page A-6:

Obama Says Immigration Changes Remain on His Agenda, but for 2010 Enactment

Guadalajara, Mexico – Flanked by his counterparts from Mexico & Canada, President Obama on Monday reiterated his commitment to pursuing comprehensive immigration reform, despite his packed political agenda and the staunch opposition such an initiative is likely to face.

Mr. Obama predicted that he would be successful but acknowledged the challenges, saying, “I’ve got a lot on my plate.”

But in the most detailed outline yet of his timetable the president said that he expected Congress, after completing work on health care, energy and financial regulation, to draft immigration bills this year. He said he would begin work on getting the measures passed in 2010.

“Now, am I going to be able to snap my fingers and get this done? No,” the president said. “But ultimately, I think the American people want fairness. And we can create a system in which you have strong border security and an orderly process for people to come in. But we’re also giving an opportunity for those who are already in the U.S. to be able to achieve a pathway to citizenship so they don’t have to live in the shadows.”

Here’s a great video clip that my friend Tony Macaluso sent me.   It’s definitely worth watching:

President Obama remains committed to comprehensive immigration reform and upholding “America’s tradition of a nation of laws and a nation of immigration.”

According to the White House press release just out, among the initial changes Obama plans to implement are: (First), Improvements to the U.S. Citizenship and Immigration Services (USCIS). The office will collaborate with Mr. Obama’s chief information officer, chief performance officer and chief technologies officer to make the agency more efficient, more transparent, and more user-friendly. USCIS will also launch in the next 90 days a new Web site that will, for the first time ever, allow applicants to get updates in the status of their applications via e-mail and text massage and online.

(Second), Secretary Janet Napolitano of the U.S. Homeland Security will lead a group that will work with Congress to systematically work through immigration issues.

Jacksonville immigration lawyer Stephen Davis remains optimistic that the new pronouncements of President Obama will lead to the early passage of the comprehensive immigration reform act into a law.

Mr. Davis said, “he hopes the political opposition mentioned in The New York Times on June 26, 2009, will not prevent the much needed reform of the Immigration laws.”

I want you to take a look at: Reform Immigration for America | Home