Integrity Legal

Those who read this blog regularly will likely be aware that the administration of this blog routinely posts about issues related to the Immigrant Investor Visa colloquially referred to as the EB5 Visa. Recently, this author discovered an interesting piece on the internet which was written about the United States dollar versus the Singapore Dollar. to quote directly from the TheMalaysianInsider.com:

the Singapore dollar is forecast to strengthen to 1.356 against the US dollar by the end of the year, a central bank survey showed…The currency forecast translates into an appreciation of 3.35 per cent from 1.403 to the US dollar at the end of 2009.

Under certain circumstances, a strengthening local currency can be problematic as exporters generally wish to see a strong US dollar when trading with the US. However, those wishing to invest money into an enterprise in the United States of America may find that a strengthened local currency is a benefit. In the case of the EB-5 visa this is certainly the case as those who hold assets in strong foreign currency may find that the real cost of investing in the USA is cheaper compared to costs in the past due to a comparatively weak American dollar.

The EB-5 visa program requires the prospective immigrant investor to make a substantial investment in the USA. Prospective Immigrant Investors should be prepared to invest a minimum of $500,000 into an eligible investment program in the USA. Should an immigrant investor make the required investment, adhere to relevent regulations, and meet other eligibility criteria, then an EB-5 visa may be issued. Once in the USA, the EB-5 visa holder may one day be eligible to apply for naturalization to United States Citizenship. United States Citizenship is a highly sought after benefit as there are many privileges and rights which attach to an individual who has become an American Citizen.

It should be noted that there are a limited number of EB-5 visas available each year. To quote directly from the Beacon, the official web log of the United States Citizenship and Immigration Service (USCIS):

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by immigrant investors by creating a new commercial enterprise or investing in a troubled business. There are 10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

In many ways, the EB-5 visa program is a “win-win” situation as the alien is granted Lawful Permanent Residence (Green Card status) and the United States economy receives the benefit of foreign investment as well as the addition of an enthusiastic immigrant who is eager to contribute to America’s economic future.

For more information please see: EB-5 Visa Singapore.

Tags: American Immigration Singapore, American Visa Singapore, EB-5 Visa, EB-5 Visa Singapore, EB5 Visa, EB5 Visa Singapore, Immigrant Investor Visa, Immigrant Investor Visa Pilot Program, United States Immigration Singapore, United States Visa Singapore, US Immigration Singapore, US Visa Singapore, USA Visa Singapore
Posted in Department of Homeland Security, EB5 Visa, US Consulate Singapore, US Embassy Singapore, US State Department, US Visa, US Visa and Immigration, USCIS | No Comments »

As mentioned previously on this blog, the United States dollar is weakening relative to other currencies as other economies around the world strengthen. In a recent report from Reuters in India:

Foreign funds have so far in 2010 bought shares worth a record $28.3 billion, in addition to last year’s $17.5 billion. The rupee has gained 5 percent so far this year.

In terms of international trade, the announcement of a declining dollar could be viewed negatively. However, a comparatively weak United States dollar could turn out to be a boon for those Indian nationals interested in making a qualified investment in the USA while also accruing the benefit of United States Lawful Permanent Residence.

The EB-5 visa program was designed to provide a travel document and Lawful Permanent Residence to those who make an investment in the USA which meets the eligibility criteria set forth by American Immigration authorities such as the United States Citizenship and Immigration Service (USCIS), Department of Homeland Security, and the Department of State. Those interested in obtaining an EB-5 visa should note that the investment in the United States must be substantial and should exceed at least five hundred thousand United States dollars ($500,000), or one million dollars (1,000,000) if the investment is not a “targeted” investment. Lawful Permanent Resident (LPR) status means that the Indian national in said status has the right to reside and work in the United States permanently. LPR status is highly sought after by those in countries outside of the United States since the benefit is substantial, but immigration law may preclude many visa seekers from obtaining a travel document that confers Lawful Permanent Residence (also referred to as “Green Card” status).

Some individuals have posed the question: “Does the United States allow Citizenship by investment?” The simple answer is: no. However, the EB-5 visa could be viewed as a means of setting oneself on the “path to citizenship” by investment. This is due to the fact that an EB5 visa holder, who meets the legal criteria, may be able to apply for naturalization to US Citizenship after remaining in the United States for a statutorily prescribed period of time in lawful permanent resident status.

The American immigration process and the laws which support the United States Immigration system are complex and can be frustrating to those who are unaccustomed to American law and procedure. For this reason, some individuals and families opt to utilize an American attorney to assist with the process. That said, those interested in retaining professional assistance are well advised to check the credentials of those claiming expertise in American immigrations matters as only a licensed American attorney is entitled to provide advice and counsel in matters pertaining to United States Immigration law.

For related information please see: EB-5 Visa India.

Tags: American Attorney, American Green Card India, American Greencard India, American Immigration India, American Lawyer, American Visa India, Department of Homeland Security, EB-5 Visa, EB-5 Visa India, EB5 Visa, EB5 Visa India, Immigrant Investor Visa, Immigrant Investor Visa India, United States Immigration India, US Green Card India, US Greencard India, US Immigration India, US Visa India, USCIS
Posted in EB5 Visa, US Citizenship, US Consulate Chennai, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Embassy India, US Embassy New Dehli | No Comments »

In recent weeks there has been a great deal of discussion in the international media about the United States Federal Reserve’s “quantitative easing” of the American monetary system. Many leaders in Asia are apprehensive that the United States’ policy will result in a relative appreciation of local currencies against the dollar which for export-based nations has been a critical component of economic stability. To quote a recent article on PBS.org:

President Obama landed in Seoul, South Korea today for the Group of 20 Summit, where he will meet with leaders of the world’s most powerful economies to address issues facing the global economy…The G20 Summit is in some ways reminiscent of South Korea’s hosting of the 1988 summer Olympics, seen as an arrival of sorts on the world stage, and the 2002 World Cup, which South Korea co-hosted.

Many feel that one of the most important issues to be discussed at the G20 summit will be the recent currency fluctuations resulting from the American announcement of quantitative easing which is likely to result in capital inflows to Asian economies such as Indonesia. To quote the Voice of America website:

Uwe Parpart is the chief Asia economist and strategist in Hong Kong for the U.S. securities dealer Cantor Fitzgerald…”There are serious concerns that when the U.S. floods the world with dollars that find their way into equities, into stocks in Asia, whether in Hong Kong, in Thailand or Indonesia, the effect of that on the local economies can be quite difficult to cope with,”

Although seemingly counter-intuitive to some, the inflow of so-called “hot money” into an economy can sometimes have a negative impact upon traditional import/export relationships and also create bubbles in an economy which could ultimately prove harmful. Inflows of capital can also be beneficial. In the case of Indonesia, one upside of relative appreciation of Indonesian currency compared to the United States dollar is the fact that investors hoping to benefit from the EB-5 immigrant investor program can obtain benefits at a comparatively lower overall cost in real terms since the dollar has weakened compared to other currencies. This is no less true in the case of Indonesia as a weakening dollar can cause an appreciation of the Indonesian Rupiah. In the event that this occurs, a prospective Indonesian Immigrant Investor wishing to both invest in the United States and also accrue the benefit of United States Lawful Permanent Residence (Green Card status) would be doubly fortunate when the dollar is weak as such an investment can be made more “cheaply” in terms of local currency.

Those Indonesian nationals interested in obtaining an EB-5 Visa should note that an investment of at least 500,000 United States dollars (at a minimum) must be made in order to be eligible for EB5 visa benefits. Furthermore, those seeking such a visa must also meet the eligibility requirements as set forth under relevant United States law. Those interested in immigrating to the USA as immigrant investors are well advised to contact a licensed American attorney in order to gain insight into the EB5 visa process and make informed decisions regarding immigration options.

Some are under the mistaken impression that the EB-5 visa program is a Citizenship-by-Investment program. In fact, this is not the case as an EB-5 visa merely grants the visa holder the right to reside in the United States as a Permanent Resident. That said, should an EB-5 investor, Indonesian or otherwise, remain in the USA for a statutorily prescribed period and meet other eligibility requirements, then such an individual may be eligible to naturalize to United States Citizenship. For this reason, some refer to the EB-5 program as a “path to citizenship” by investment.

For further information please see: EB-5 Visa Indonesia.

Tags: "hot money", American Visa Indonesia, EB-5, EB-5 Visa, EB5, EB5 Visa, G-20, G20 Summit, Green Card, Immigrant Investment Visa, Immigrant Investor Visa, Indonesian Rupiah, Naturalization, Naturalize, path to citizenship, Path to Citizenship by Investment, United States Lawful Permanent Residence, US Visa Indonesia, USA Visa Indonesia
Posted in EB5 Visa, US Citizenship, US Embassy Indonesia, US Embassy Jakarta | No Comments »

เนื่องจากหัวข้อเรื่องวีซ่าการลงทุนอเมริกันได้เผยแพร่ในบล็อกนี้ ผู้เขียนจึงได้รับคำถามที่เกี่ยวกับทางปฏิบัติที่จะขอวีซ่าเพื่อการลงทุนในสหรัฐอเมริกา คำถามที่มีการถามมากที่สุดคือ การขอวีซ่า EB-5 “ฉันสามารถที่จะเป็นพลเมืองอเมริกันโดยการลงทุนในสหรัฐอเมริกาได้หรือไม่” คำตอบสำหรับคำถามนี้………………และต้องใช้ความเข้าใจในเชิงลึกเกี่ยวกับวีซ่าผู้ลงทุนถาวรประเภท EB-5 และขั้นตอนการขอวีซ่าดังกล่าว

หลายๆประเทศทั่วโลกมีแผนงานที่เปิดอกาสให้นักลงทุนสามารถที่จะได้รับสัญชาติทันทีที่ลงทุนในระบบเศรษฐกิจของประเทศนั้นโดยการออกเอกสารสัญชาติ ในสหรัฐอเมริกานั้นไม่มีแผนงานเช่นนั้น แต่อย่างไรก็ตาม วีซ่าประเภทEB-5 ให้สิทธิแก่ผู้ถือวีซ่าในการเป็นผู้มีถิ่นฐานถาวรในสหรัฐอเมริกาอย่างถูกต้องตามกฎหมาย อันเป็นสิทธิประโยชน์ที่สำคัญ และไม่ควรที่จะให้สิทธิแก่ผู้มีถิ่นฐานถาวรมากเกินไปหลังจากที่สถานะนี้อนุญาตให้ผู้มีถิ่นฐานถาวรอยู่อาศัยและทำงานในสหรัฐอเมริกา หลายๆคนกล่าวถึงผู้ที่มีถิ่นฐานถาวรประเภท “กรีนการ์ด” อาจกล่าวได้ว่า ผู้มีถิ่นฐานถาวรในสหรัฐอเมริกาไม่ใช่พลเมืองสัญชาติอเมริกัน ผู้ที่อยู่ในสถานะกรีนการ์ดไม่ได้รับสิทธิในการลงคะแนนเลือกตั้ง สมัครเข้าเป็นผู้ดำรงตำแหน่งทางการเมือง และไม่สามารถถือหนังสือเดินทางอเมริกัน แม้ว่าผู้ที่มีถิ่นฐานถาวรอย่างถูกต้องตามกฎหมาย (LPR) อาจจะได้รับการอนุญาตให้เข้าออกสหรัฐอเมริกาซึ่งอนุญาตให้บุคคลดังกล่าวออกจากสหรัฐอเมริกาเป็นเวลา 2 ปีโดยไม่ต้องมีข้อสันนิษฐานที่จะยกเลิกการเป็นผู้มีถิ่นฐานได้

แม้ว่าสหรัฐอเมริกาจะไม่มีแผนงานสำหรับ “การได้รับสัญชาติโดยการลงทุน” แต่วีซ่าประเภท EB-5นั้นเป็นขั้นตอนแรกของกระบวนการแปลงสัญชาติ ตัวอย่างเช่น ถ้าผู้ลงทุนถาวรได้รับวีซ่าประเถ้าผู้ลงทุนถาวรได้รับวีซ่าประเภท EB-5และเดินทางเข้ามายังสหรัฐอเมริกาหลังจากนั้นบุคคลดังกล่าวสามารถได้รับสิทธิที่จะเป็นผู้มีถิ่นฐานถาวรในการเข้าเมืองอย่างถูกต้องตามกฎหมาย หลังจากที่อาศัยอยู่ในสหรัฐอเมริกาตามระยะเวลาที่กำหนดไว้ในกฎหมายและเป็นไปตามข้อสันนิษฐานซึ่งเป็นสิ่งที่ผู้ถือวีซ่าประเภท EB-5ต้องจัดการเพื่อการแปลงสัญชาติ การแปลงสัญชาตินั้นเป็นกระบวนการที่ชาวต่างชาตินั้นเป็นพลเมืองสัญชาติอเมริกัน กระบวนการนี้ค่อนข้างที่จะมีความยุ่งยากและเป็นเรื่องที่ดูเหมือนจะซับซ้อนและสร้างความผิดหวังอยู่หลายๆครั้ง สำหรับผู้ที่ไม่คุ้นเคยกับการจัดการเรื่องการเข้าเมือง แต่ในทางทฤษฎีการอนุมัติคำขอในการแปลงสัญชาติของผู้ลงทุนถาวรประเภท EB-5สามารถที่จะเป็นพลเมืองสัญชาติอเมริกันได้

แม้ว่าสหรัฐอเมริกาไม่ได้มีข้อเสนอที่จะให้ “สัญชาติโดยการลงทุน” แต่สหรัฐอเมริกามีการให้ “วิธีการที่จะได้รับสัญชาติโดยการลงทุน” ในรูปแบบของวีซ่าประเภท EB-5ซึ่งเป็นทางที่ทำให้ผู้ถือวีซ่าประเภทดังกล่าวมีโอกาสที่จะได้รัยสัญชาติอเมริกันซึ่งจะต้องเป็นไปตามหลักเกณฑ์อื่นๆและจะต้องปรากฏตัวตนอยู่

To view this information in English, please see the previous post on this blog.

Tags: EB-5, EB-5 Visa, EB5, EB5 Visa, Immigrant Investor Visa, US Citizenship by Investment, US PErmanent Residence by Investment, การลงทุนกับการได้สัญชาติอเมริกัน, การเเปลงสัญชาติอเมริกัน, การได้สัญชาติอเมริกันโดยการเเปลงสัญชาติ, พาสปอร์ตอเมริกัน, ิวีซ่าประเภท EB-5
Posted in สถานทูตสหรัฐอเมริกาประจำประเทศไทย, ้วีซ่าอเมริกาจากประเทศไทย | No Comments »

Since the topic of American Investment visas was first broached on this blog, this author has received some questions regarding the way in which United States Investment Visas actually operate in the real world. One of the most frequently asked questions pertaining to EB-5 visas is: “Can I get US Citizenship by investing in the United States?” The answer to that question is somewhat nuanced and it requires one to have a rather in-depth understanding of the EB-5 Immigrant Investor visa and the process for obtaining this type of travel document.

There are some countries around the world which have programs whereby investors can obtain virtually instantaneous citizenship simply by investing capital into the economy of the country issuing the nationality documents. In the United States, there is no program that operates this way. However, the EB-5 visa does grant the visa holder lawful permanent residence in the USA. This is a substantial benefit and should not be taken for granted as Lawful Permanent Residence is a highly sought after status that allows the Permanent Resident to permanently reside and work in the United States. Many often refer to Lawful Permanent Residence as “Green Card” status. That said, Lawful Permanent Residence is not American Citizenship. Those in the USA in Green Card status are not permitted to vote in elections, run for political office, and such individuals also cannot obtain a US passport. Although, those in Lawful Permanent Resident (LPR) status may be eligible to obtain a US reentry permit which allows the bearer to leave the United States for as long as two years without raising the presumption of residential abandonment.

Although there is no “citizenship by investment” program in the USA, the EB-5 visa could be the first step in the United States Naturalization process. For example, if an immigrant investor is granted an EB-5 visa and enters the United States, then that individual would be granted permanent residence upon lawful admission. After residing in the United States for a statutorily prescribed period of time, and assuming all other criteria are met, it may be possible for an EB-5 visa holder to apply for naturalization. Naturalization is the process whereby a foreign national becomes a United States Citizen. The process can be somewhat cumbersome and for those unaccustomed to dealing with immigration matters it may seem complex and frustrating at times, but upon approval of a petition for naturalization an EB-5 Immigrant Investor could theoretically obtain United States Citizenship.

Even though the United States does not offer a direct “Citizenship by Investment” program, one could argue that the US offers a “Path to Citizenship” by Investment program in the form of the EB-5 visa which places holders of said visa on track to possible American Citizenship should all other criteria be adhered to and the physical presence requirement be met.

For related information please see: EB-5 Visa Thailand, EB-5 Visa China, or EB-5 Visa Taiwan.

Tags: American Citizenship by Investment, American Immigrant Investor, EB-5 Visa, EB-5 Visa Australia, EB-5 Visa Bangladesh, EB-5 Visa Burma, EB-5 Visa China, EB-5 Visa Hong Kong, EB-5 Visa India, EB-5 Visa Indonesia, EB-5 Visa Japan, EB-5 Visa Korea, EB-5 Visa Laos, EB-5 Visa Macau, EB-5 Visa Malaysia, EB-5 Visa Myanmar, EB-5 Visa Nepal, EB-5 Visa New Zealand, EB-5 Visa Pakistan, EB-5 Visa Singapore, EB-5 Visa Sri Lanka, EB-5 Visa Taiwan, EB-5 Visa Thailand, EB-5 Visa Vietnam, EB5 Visa, Immigrant Investment Visa, Immigrant Investor Visa, Naturalization, path to citizenship, US Citizenship by Investment
Posted in American Institute Taiwan, EB5 Visa, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Although this blog rarely discusses economic issues. When economics has an impact upon legal issues or matters pertaining to United States Immigration, then discussion of economic matters may be warranted. In recent months, the United States dollar has depreciated against many of the currencies of Asia, but there has yet to be significant movement in the Chinese Yuan which does not really “float” on the market as other currencies. As a result, economic tensions have increased between the United States of America, the Peoples’ Republic of China, the Kingdom of Thailand, and other Asian nations. Meanwhile, some of the member states of the Association of South East Asian Nations (ASEAN) have seen their currencies rise significantly against the dollar. In a recent editorial posted on ThaiVisa.com, this issue was discussed in detail:

In any event, the dollar can only go south. The greenback slid to its lowest level in almost five months versus the euro. Gold, which represents a hedge against inflationary expectation, has also climbed to a record high on market anticipation that the Fed will flood the financial system with further liquidity to prop up the US economy.

This monetary easing will result in further weakening of the dollar. And as the US government continues to run a massive deficit, the Fed will be obliged to come to the rescue by purchasing the Treasuries that finance the deficit, which is not likely to come down in the foreseeable future due to economic weakness, falling tax revenue and spending obligations that have dramatically increased.

With the US weakness, a sovereign debt crisis in Europe and deflation in Japan, how will Thailand cope with the policy challenge? The first thing that comes to mind is that the baht will continue its upward trend. This is inevitable. The baht could go back to the pre-1997 crisis level of Bt25 to the dollar…

For those unaware, the United States Federal Reserve Bank recently announced that $600 billion in liquidity would be injected into the United States economy over the course of the coming months. As can be gathered from the above quotation, this “quantitative easing” policy is resulting in a depreciation of the dollar compared to Asian currencies (and other global currencies, but the focus of this post will remain on Asia, specifically Thailand). In an article written in The Nation Newspaper and distributed by ThaiVisa.com this issue was discussed in further detail:

When massive capital outflows from the US head towards Asia, much of it is unable to enter China so it floods other emerging markets, especially Asean countries, Korn [Chatikavanij, Finance Minister of the Kingdom of Thailand] said.

“We would like the two economic giants to settle their differences on the exchange-rate issue. I think they understand our predicament,” said Korn…
On the one hand, the US dollar has continued to depreciate, while on the other, China has not allowed the yuan to appreciate. Given the latest US announcement of quantitative easing aimed at stimulating the domestic US economy, several Asian currencies have significantly appreciated against the US dollar, raising concerns about the region’s export competitiveness…

The twin economic giants of China and America have yet to fully reach equilibrium in matters related to currency and trade, but an immediate issue for many Thai Nationals is the relative appreciation of the Thai Baht. There are many who feel that a strong Baht is not in their interests and depending upon circumstances they may be correct.  However, the recent currency fluctuations could prove to be a benefit to those Thai nationals interested in seeking American Immigrant Investor visa benefits.

The United States EB-5 visa (Immigrant Investor category) was designed to provide a travel document and lawful permanent residence to otherwise qualified foreign nationals who wish to make a substantial investment in legally eligible investment programs the United States of America. As the Thai baht has appreciated against the United States dollar it has become relatively “cheaper’ (in Baht terms) to meet some of the investment criteria in the United States. Therefore, as the dollar becomes weaker versus the Thai Baht it becomes less expensive, from a Baht standpoint, to invest in the USA. For those wishing to immigrate to the USA, the current Baht/Dollar exchange rate is something of a windfall.

This could be a boon to the United States economy as well since investment in the United States leads to the creation of new jobs. Furthermore, lawful immigration is one of the central components that drives the American economy. As more Thai nationals invest in the United States economy, the stronger that economy becomes thereby naturally fueling a recover in the overall American economy. As the American economy continues to recover, there may be ancillary benefits that accrue to individuals and businesses in the USA and around the globe. Hopefully this scenario will play out over the coming months and help to spur a recovery in the United States economy.

For related information please see: EB-5 Visa Thailand or US Visa Thailand.

Tags: American Visa Thailand, ASEAN, ASsociation of Southeast ASian Nations, Baht, China, Chinese monetary policy, Currency Crisis, Currency War, Dollar, EB-5 Visa, EB-5 Visa ASEAN, EB-5 Visa Asia, EB-5 Visa Association of Southeast Asian Nations, EB-5 Visa Southeast Asian, EB-5 Visa Thailand, EB5 Visa, EB5 Visa ASEAN, EB5 Visa Asia, EB5 Visa Southeast Asia, EB5 Visa Thailand, Federal Reserve Bank, monetary easing, monetary policy, quantitative easing, Thai monetary policy, Thailand, The Fed, Trade War, Two Economic Giants, US monetary policy, US Visa Thailand, USA, USA Visa Thailand, Yuan
Posted in EB5 Visa, US Consulate Chiang Mai, US Embassy Thailand, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

In recent postings on this blog, the administration has noted that the United States Citizenship and Immigration Service (USCIS) is poised to raise some of the costs and fees associated with American Immigration. To quote directly from the official website of USCIS:

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) reminds customers that its new fee schedule goes into effect Nov. 23, 2010.  Applications or petitions postmarked or otherwise filed on or after this date must include the new fee, or they will be rejected.

USCIS published the new fee schedule in the Federal Register on Sept. 24, following a comprehensive review of public comments received after publication of the proposed rule this summer.

The new fee schedule increases application and petition fees by an average of about 10 percent but does not increase the naturalization application fee.

Although no one likes to see fee increases, there are some who argue that an increase in processing fees is a necessary consequence of both inflation and the rising cost of the services sought. It should be noted that USCIS recently posted a shortfall and the recent fee increase would seem to be one response to this issue.

The new policy will also usher in new fees that have not previously existed. As they did not exist before it is not really correct to call the new fees “increases,” but as they result in new overall costs, the term increase could be used since the fee was technically increased from nothing to the new fee. To quote from another page of USCIS’s website:

The final fee rule establishes three new fees, including a fee for regional center designations under the Immigrant Investor (EB-5) Pilot Program, a fee for individuals seeking civil surgeon designation, and a fee to recover USCIS costs to process immigrant visas granted by the Department of State. Additionally, the final rule reduces and eliminates several fees, including some for servicemembers and certain veterans of the U.S. armed forces who are seeking citizenship-related benefits. The final rule also expands the availability of fee waivers to additional categories.

It is interesting to note that one of the newly instituted fees involves the EB-5 visa (also referred to as an investor visa). There are those who posit that the EB-5 visa might become increasingly popular in the upcoming months as the American dollar remains somewhat low compared to other currencies. Therefore, some foreign nationals could invest in EB-5 programs at comparatively cheaper rates due to the current exchange rate with the dollar. This is a net benefit to the United States as influxes of foreign capital would likely prove beneficial in a monetary sense while the infusion of foreign investors with a stake in the American economy could prove to be a catalyst for future innovation, economic activity, and overall growth.

As noted in a previous posting, the USCIS fee associated with the K-1 visa is expected to decrease when the final rule in promulgated. Although, Department of State fees associated with the K1 visa interview have recently been increased.

For related information please see: EB-5 Visa Thailand or K1 Visa Thailand.

Tags: American Green Card, American Greencard, American Investor Visa, Department of Homeland Security, EB-5 Immigrant Investor Pilot Program, EB-5 Visa, EB-5 Visa Thailand, EB5 Visa, EB5 Visa Thailand, Fiance Visa, Fiance Visa Thailand, Fiancee Visa, Fiancee Visa Thailand, Greencard, Immigrant Investor Pilot Program, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, United States Citizenship and Immigration Service, United States Investment Visa, United States Investor Visa, US Green Card, US Investor Visa, USCIS, USCIS Fee Increase
Posted in Department of Homeland Security, EB5 Visa, Fiance Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:

After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.

For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.

Tags: CR-1 Visa, CR1 Visa, E 2 Visa, E-1 Visa, E1 visa, E1 Visa Process, E2 Visa, E2 Visa Process, EB5 Visa, EB5 Visa Process, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K3 Visa, L-1 visa, L1 Visa, US Visa Process, US Visa Processing Time, USCIS Processing Time, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, E1 visa, E2 Visa, EB5 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

Employment based visas are sometimes more difficult to obtain during periods of acute economic stagnation. It is this author’s opinion, that one of the main strategies to spur growth in the United States of America is through immigration. An influx of foreign skilled labor and investment would create an environment in the USA that fosters both innovation as well as tangible economic growth. The current President of the American Immigration Lawyers Association (AILA) was recently discussing the EB5 visa in the context of the overall American economic recovery. To quote directly from the AILA Leadership blog:

One of the strongest arguments in favor of comprehensive immigration reform is that it will make America more prosperous and competitive.  All credible studies show that an immigration system which meets the needs of businesses and US workers will add trillions to the economy, raise wages, and put Americans back to work.  Simply stated, immigration reform is good business and good for America’s future.

That’s why I was very excited to attend and give the opening remarks at the EB-5 Investor’s Conference which took place last Friday in Boston before a sell-out crowd.  Last month in my installation speech at the AILA Annual Conference I recalled Ronald Reagan’s final farewell to the nation in which he described his vision of America as beckoning immigrants with “the will and the heart” to get here.  Reagan understood that America’s strength is its openness: its celebration of creativity and new ideas.  And who is a better example of that then an immigrant who is willing to risk hard earned resources for the chance at the American Dream?

In his introductory remarks EB-5 Investor Visa conference chair Lincoln Stone referred to the visa as the “Golden Ticket.”  His description is spot on.  The visa has lead to investment across the US in areas that suffer higher rates of unemployment.  To be sure, it is a fast developing area.   Practitioners and entrepreneurs must master not only the intricacies of the law, but be sure to be aware of the ethical and fiduciary issues that come with the territory. Yet, it is beyond dispute that by attracting much needed capital to the US this visa category has the potential to indeed become a “Golden Ticket” for America.  What else can you say about a visa that by definition directly creates jobs for US workers and helps stimulate the US economy?

This author is of the opinion that any investment in the United States economy is a benefit to the nation as a whole. The beauty of the EB-5 visa program is that it provides for foreign nationals seeking a “Win-Win” situation for all of those involved in the process. The visa itself is a substantial benefit for the visa holder while the US economy gets the benefit of new jobs as well as fresh insights into business practices and methods for increasing productivity, efficiency, and in some cases employee morale.  That said, those seeking an EB-5 visa are well advised to contact an American attorney with experience in US Immigration matters as such a professional can provide highly beneficial information about the dynamics of the EB-5 program itself and the processing protocols for US Immigration petitions and applications arising therefrom.

The EB-5 program should not be confused with the E1 visa or the E2 visa. These programs offer differing visa benefits compared to the EB-5 visa.

For further information about American Immigration issues please see: Comprehensive Immigration Reform.

Tags: Comprehensive Immigration Reform, E1 visa, E2 Visa, EB-5, EB-5 Visa, EB5, EB5 Visa, Employment Based Visa, Employment Visas, Investor Green Card, US Employment Visa, US Greencard by Investment, US Investment Visa, US Permanent Reidence By Investment, US Work Permit
Posted in EB5 Visa | No Comments »

In recent months, this author has received a number of inquires regarding the American EB-5 visa. Many seem interested in this visa category because it accords the bearer with substantial benefits in the United States and also puts EB-5 visa holders on track to obtain United States Citizenship. In order to provide the reading public with relevant information, this post will provide a brief overview of the EB-5 visa and some information regarding the application process.

A well rounded layman’s definition of the EB-5 visa can be found at wikipedia.com. To briefly quote wikipedia’s entry regarding the EB-5 visa directly:

“The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States.^[1] To obtain the visa, individuals must invest at least $1 million, creating at least 10 jobs.^[2]

By investing in certain qualified investments or regional centers with high unemployment rates, the required investment amount is $500,000. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. This “Pilot Program” required only $500,000 of investment in exchange for permanent resident status. The investment could only be received by an economic unit defined as a Regional Center.”

Although the above definition provides superficial insight into the mechanics of the EB-5 visa, the official website of the United States Citizenship and Immigration Service (USCIS) may provide deeper elucidation into the eligibility requirements for an EB-5 visa:

Eligibility Criteria

New Business Enterprise

To qualify you must:

1. Invest or be in the process of investing at least $1,000,000.  If your investment is in a designated targeted employment area (discussed further below) then the minimum investment requirement is $500,000.
2. Benefit the U.S. economy by providing goods or services to U.S. markets.
3. Create full-time employment for at least 10 U.S. workers.  This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters).
4. Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.

Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”  For further detail click on the Laws section of this website and access section 203(b)(5)(B) of the Immigration Nationality Act (INA).

Troubled Business

To qualify you must:

1. Invest in a business that has existed for at least two years.
2. Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur.
3. The loss for the 12 to 24 month period must be at least equal to 20 percent of the business’s net worth before the loss.
4. Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
5. Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy.  For example as a corporate officer or board member.
6. The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area).

Regional Center Pilot Program

To qualify you must:

1. Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterpriose or a troubled business located within the area of the USCIS designated Regional Center.  Regional Centers are defined and discussed further below.
2. Create at least 10 new full-time jobs either directly through the capital investment.

A Regional Center is defined as any economic unit, 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 showing:

• How the regional center plans to focus on a geographical region within the U.S., and msut explain how the regional center will achieve the required economic growth within this regional area
• That the regional center’s business plan can be relied upon as a viable business model grounded in reasonable and credible estimates and assumptions for market conditions, project costs, and activity timelines
• 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 project and the promotional efforts made and planned for the business project.

As can be seen from the above citation, the eligibility criteria for an EB-5 visa are rigorous, but not insurmountable for an applicant who has the assistance of a competent and experienced US Immigration attorney.  Obtainment of EB-5 visas can require a great deal of time and expense in an effort to ensure that the eligibility and application requirements are met at the time of application submission. Those interested in obtaining such a travel document are well advised to contact an American Immigration lawyer.

For further details about US Immigration in general please see: US Visa.

Tags: American Citizenship by Investment, American Investor Visa, American Permanent Residence by Investment, EB-5 Visa, EB5 Visa, Employment Visa, Investor Visa, United States Citizenship and Immigration Service, US Visa Asia, US Visa Cambodia, US Visa China, US Visa Hong Kong, US Visa India, US Visa Indonesia, US Visa Japan, US Visa Korea, US Visa Laos, US Visa Singapore, US Visa Sri Lanka, US Visa Thailand, US Visa Vietnam, USCIS
Posted in Department of Homeland Security, EB5 Visa, US Business, US Citizenship, US Company Registration, US Consulate ChengDu, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Phnom Phen, US Embassy Rangoon, US Embassy Singapore, US Embassy Thailand, US Embassy Vietnam, US Embassy Yangon, US LLC, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »