Legal Blog

Investor EB-5 visa, all Changes You should be familiar with

Zdenko Durove, Esq.

12/01/2017 The US Investor EB-5 visa is a program by which entrepreneurs and their families are eligible to apply for a green card and later for US Citizenship, if they make the necessary investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.   

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to: A sole proprietorship, Partnership (whether limited or general), Holding company, Joint venture, Corporation, Business trust, or other entity, which may be publicly or privately owned.  

There were numerous analysis and predictions since last year, how the qualifying amounts of investments will change. It supposed to be $1.35 million for distressed and rural areas and $1.8 million for the businesses that are not in designated low income areas.   

However, on September 8, 2017, the President signed Public Law 115-56 extending the Regional Center Program through Dec. 8, 2017. The minimum qualifying investment in USA remains $1 million and the minimum qualifying investment either within a high unemployment areas or rural areas in the USA is $500,000. 

Changes in Affirmative ASYLUM Interview Scheduling

Zdenko Durove, Esq.

04/12/2018 Since the end of January 2018, the Asylum Division is giving priority to the most recently filed affirmative asylum applications when scheduling asylum interviews. According to the USCIS officials "the aim is to deter individuals from using asylum backlogs solely to obtain employment authorization by filing frivolous, fraudulent or otherwise non-meritorious asylum applications. This approach also allows USCIS to decide qualified applications in a more efficient manner". On the other hand, the immigration activists groups argue that "this change will impose even more suffering on the many refugees who have already been waiting, in some cases up to four years, for their asylum interviews".

Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS have the first priority. Second priority have Applications that have been pending 21 days or less. All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.

In respect to mentioned facts above, if you are currently thinking about starting your Asylum claim, it is very important to find a qualified attorney, who will represent you and your best interests. It is crucial to be well prepared for your following interview and state all proper elements of your Asylum claim. Frivolous claim or improperly filled Asylum Application will with the highest probability result in your removal and deportation proceedings.