Integrity Legal

Those who read this blog with any frequency may have noticed that the administration routinely posts the estimated processing times from the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:

Readers may recall that the processing times noted above only pertain to the USCIS processing portion of the overall US visa process. Therefore, readers should not mistake the processing times noted above for the time it takes to actually acquire a visa. After a visa petition has been adjudicated by the officers at the USCIS, if approved, the case file is forwarded to the National Visa Center where it is then sent on to the US Embassy, American Institute, or US Consulate with appropriate Consular jurisdiction. This phase of the process is referred to as Consular Processing. Consular Processing can sometimes be quite quick while, in some cases, the process can be rather cumbersome if the facts of the case are extremely complex.

For related information please see: K1 Visa Thailand.

Tags: American Institute, American Visa Attorney, American Visa Burma, American Visa Cambodia, American Visa China, American Visa Hong Kong, American Visa India, American Visa Laos, American Visa Lawyer, American Visa Myanmar, American Visa Thailand, American Visa Vietnam, Consular Processing, K1 Visa Thailand, US Consulate, US Embassy, US Visa Attorney, US Visa Burma, 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 lawyer, US Visa Macau, US Visa Malaysia, US Visa Myanmar, US Visa Philippines, US Visa Singapore, US Visa Sri Lanka, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, USCIS, USCIS Processing Time, USCIS Processing Times
Posted in USCIS | No Comments »

In recent weeks it has come to this blogger’s attention, via organizations such as the American Immigration Lawyers Association (AILA) and through the website of the United States Citizenship and Immigration Service (USCIS), that the USCIS has made decisions which has lead to a delay in processing a relatively significant number of I-130 petitions for Immediate relative immigration benefits. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):

In November 2010, USCIS transferred approximately 36,000 Immediate Relative petitions from our California Service Center to our Texas Service Center. We anticipated that this redistribution of work would result in more timely adjudication of these petitions. Due to a number of unforeseen circumstances at our Texas Service Center, many of these cases have not been processed and are beyond our estimated processing times. We sincerely regret any inconvenience this may have caused you and we are making every effort to remedy this situation as soon as possible.

It is easy to lay blame upon people and organizations. Those reading this piece should note that mistakes occur in life. Businesses, individuals, organizations, and governments do make mistakes and playing the “blame game” often yields little in terms of practical solutions. That said, the USCIS is a government entity and should be accountable for their mistakes. Clearly, the USCIS has taken responsibility for this error and has taken measures to rectify the situation. To quote further from the official website of the USCIS:

On Feb. 7, 2011, we implemented a rapid response plan to expedite the adjudication of these petitions. We have transferred a large number of these Immediate Relative petitions back to our California Service Center to take advantage of resources currently available to immediately process these cases. Petitioners will see an action such as an approval, denial or a Request for Evidence (RFE) on their case from our California or Texas Service Centers by the end of February. Additionally, we have briefed the Department of State’s National Visa Center about these cases.

USCIS’s efforts to solve this problem should not be overlooked. For those seeking an Immigrant visa for a foreign spouse, the K-3 visa has been used in the past to obtain an expedited travel document when the United States Citizenship and Immigration Service has a backlog of cases. In recent months, the United States National Visa Centerpiece  has had an “administrative closure” policy regarding those K-3 visa applications that arrive at the NVC with, or after, their I-130 counterparts. There are some who speculate that there might be more K-3 visas issued as a result of the backlog created from the situation note above. At the time of this writing, it remains unclear as to exactly how American Immigration officials will opt to deal with this matter.

For related information please see: USCIS processing time.

Tags: American Visa, CR-1 Visa, I-129f, I-130, Immediate Relative Petition, IR-1 Visa, K-3 Visa, K-3 Visa China, K-3 Visa India, K-3 Visa Japan, K-3 Visa South Korea, K-3 Visa Taiwan, K-3 Visa Thailand, K-3 Visa Vietnam, United States Citizenship and Immigration Service, US Marriage Visa, US Visa, US Visa Cambodia, US Visa China, US Visa India, US Visa Indonesia, US Visa Japan, US Visa Malaysia, US Visa Myanmar, US Visa Singapore, US Visa South Korea, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, USCIS, USCIS Delay, USCIS Error, USCIS News
Posted in USCIS | No Comments »

The administration of this web log routinely posts the holiday closing schedules of various US Missions in the Asia-Pacific region as a courtesy to travelers abroad who may need services from a US Embassy or US Consulate while overseas. The following was quoted directly from the official website of the United States Embassy in Tokyo, Japan:

The Embassy will be closed to the public in observance of the following United States and Japanese holidays:

New Year’s Day	Jan. 1, 2011	Saturday (Observed on Fri., Dec. 31)
Martin Luther King, Jr.’s Birthday	Jan. 17	Monday
National Foundation Day	Feb. 11	Friday
Washington’s Birthday	Feb. 21	Monday
Vernal Equinox Day	March 21	Monday
Golden Week Holidays	April 29, May 3-5	Friday, Tuesday – Thursday
Memorial Day	May 30	Monday
Independence Day	July 4	Monday
Marine Day	July 18	Monday
Labor Day	Sept. 5	Monday
Autumn Equinox Day	Sept. 23	Friday
Columbus Day/Sports Day	Oct. 10	Monday
Veterans Day	Nov. 11	Friday
Labor Thanksgiving Day	Nov. 23	Wednesday
Thanksgiving Day	Nov.24	Thursday
Emperor’s Birthday	Dec.23	Friday
Christmas Day	Dec. 25	Sunday (Observed on Mon., Dec. 26)

Note:

The Embassy will remain open for the following three Japanese holidays in 2011:

Adult’s Day	Jan. 10	Monday
Respect for the Aged Day	Sept. 19	Monday
Culture Day	Nov. Thursday

Those wishing to view the official homepage of the US Embassy in Japan please click HERE.

Those seeking services which can only be provided by a US Mission abroad such as issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages for a US Passport are well advised to contact an American Citizen Services Section of the nearest US Mission with appropriate Consular jurisdiction. In some cases, it may be possible to set an appointment with the Post in advance over the internet. Setting an appointment in advance can greatly streamline the processing of requests as Consular Officers are often better able to anticipate one’s needs.

Those seeking non-immigrant visa benefits such as a US tourist visa (B-2), US student visa (F-1), US exchange visitor visa (J-1), or US business visa (B-1) are likely to see their visa application processed at a US Embassy or US Consulate abroad. It should be noted that non-immigrant visa applicants are scrutinized subject to section 214(b) of the United States Immigration and Nationality Act.

Those American Citizens seeking American family visa benefits for a Japanese spouse such as a CR-1 visa or IR-1 visa are generally required to process and receive approval of a United States immigration petition prior to processing a US visa application at a US Embassy or US Consulate abroad. It should be noted that for processing purposes, the K-1 visa, although a US fiance visa, is treated in much the same way as the immigrant visa categories.

Those seeking US business visa benefits such as E-2 visa benefits for certain qualified traders, L-1 visa benefits for intra-company transferees of multi-national corporations, or EB-5 visa benefits for immigrant investors are likely to be required to process, and receive approval of, an immigration petition prior to application for visa benefits at a US Embassy or US Consulate abroad.

Those denied a US visa may be able to still ultimately obtain visa benefits through use of an I-601 waiver of a finding of inadmissibility or through use of an I-212 waiver (depending on the reason for denial). However, all cases must be analyzed based upon the unique set of facts in the case in order to make a determination as to the eligibility of an applicant for any immigration waiver.

Japan currently participates in the visa waiver program. That said, those wishing to travel to the US on their Japanese passport utilizing the visa waiver program must register online via the electronic system for travel authorization (ESTA) system prior to traveling to the USA.

For related information please see: US Visa Japan.

Tags: 214(b), American Visa Japan, B-1 Visa, B-2 Visa Japan, CR-1 Visa Japan, E-1 Visa Japan, E-2 Visa Japan, EB-5 Visa Japan, F-1 Visa Japan, I-212, I-212 waiver, I-212 Waiver Japan, I-601, I-601 Waiver, I-601 Waiver Japan, IR-1 Visa Japan, K-1 Visa Japan, L-1 Visa Japan, United States Immigration and Nationality Act, United States Visa Japan, US Business Visa Japan, US Embassy Japan, US Embassy Tokyo, US fiance visa Japan, US Visa Japan, USA Visa Japan
Posted in US Embassy Japan, US Embassy Tokyo | No Comments »

Those who have read this web log with any frequency in the past may have noticed that the administration routinely posts information regarding attorney licensure and the practice of United States Immigration law. Recently, this blogger discovered some interesting information on this subject while researching the issue on the official website of the United States Citizenship and Immigration Service (USCIS). To quote some of that information directly:

It should be reiterated that only a licensed American attorney has the unfettered privilege of practicing American immigration law before the Department of Homeland Security and the United States Citizenship and Immigration Service (USCIS). Although charitable organizations in the USA may be accredited to represent individuals before the USCIS and/or the US Immigration Courts, such representation is conducted on a not-for-profit basis. Licensed American attorneys are generally in a good position to provide advice and counsel regarding immigration matters due to education and experience. However, so-called “immigration consultants,” “visa agents,” and “visa companies” lack both the credentials and qualification to provide advice and representation of clients before USCIS, DHS, and/or the Department of State (DOS). To quote the USCIS website further:

Attorneys must be a member in good standing of the bar of a U.S. State (or U.S. possession, territory, Commonwealth, or the District of Columbia) and not be under any court order restricting their practice of law. Attorneys will check the first block on Form G-28 and must provide information regarding their admission to practice.

Only attorneys and accredited representatives may communicate on your behalf regarding your application with USCIS.

In choosing an attorney, you should:

• Ensure that the attorney is a member in good standing of the “bar” of a U.S. State (or possession, territory, Commonwealth or District of Columbia)
• Ensure that the attorney is not under any court order restricting their practice of law
• Review the current attorney licensing document for the attorney and contact the relevant State bar admission authorities to verify the information.  See the “American Bar Association – State Bar Associations” link to the right for a list of state bar associations.
• Review the “List of Currently Disciplined Practitioners” in the link to the right. This is where the Executive Office for Immigration Review lists if an attorney has been expelled or suspended from practice before USCIS/DHS
• Review the “List of Previously Disciplined Practitioners” available from the “List of Currently Disciplined Practitioners”  page on the EOIR website

A lawfully admitted attorney should honor your request for this information, as State Bar practice rules require disclosure of this information to clients. Before you pay attorney fees for help with your immigration case, make sure that the individual is a licensed attorney.

You should also review the lists of currently disciplined and previously disciplined practitioners on the Executive Office for Immigration Review website. These lists will help you to determine whether the attorney has been expelled or suspended from practice before USCIS/DHS.  To review these lists, please see the links in the “External Links” section of this page.

Those wishing to retain professional assistance during the United States Immigration process are well advised to take note of the citation quoted above as this information is very useful for those seeking attorney assistance. That said, the forthcoming quote deals with the issue of fake lawyers, visa agents, notarios, and immigration consultants who have been known to imitate genuine American attorneys in an effort to further their own interests while simultaneously fleecing an unsuspecting public (both immigrants and American Citizens). To quote the USCIS website one further time:

Notarios, notary publics and immigration consultants may NOT represent you before USCIS.

Those wishing to bring their loved one from another country for family reunification in the USA should take note of the above quotation. In Thailand, for example, there are some fly-by-night operators claiming both expertise in immigration law as well as qualification, without actually possessing either. For this reason, it is always prudent to ask for the licensure information of those claiming the ability to represent individuals before USCIS, DHS, and DOS.

Licensed foreign lawyers may, under some circumstances, be able to provide some limited representation, but only upon authorization from USCIS, those interested should consult the USCIS website directly as this issue is not the intended topic of this posting.

For related information please see: K1 Visa Thailand.

Tags: American Attorney, American Visa Attorney, American Visa Lawyer, American Visa Thailand, Department of Homeland Security, fake immigration attorneys, fake immigration lawyers, immigration consultant, K-1 Visa Thailand, K1 Visa Thailand, notario, US Immigration attorney, US Immigration Lawyer, US Visa Attorney, 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 lawyer, US Visa Malaysia, US Visa Myanmar, US Visa Sri Lanka, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, USCIS, visa agent, visa agents
Posted in K1 Visa Thailand, USCIS | No Comments »

The United States Immigration and Customs Enforcement Service (USICE or more commonly referred to by the acronym: ICE) is tasked with enforcing American Immigration and Customs law. Often ICE officers are involved in programs aimed at apprehending those in the United States illegally or those who initially came to the United States legally, but later either dropped out of lawful status or committed a criminal offense which created a legal ground for removal. For the most part, ICE seems to primarily deal with immigration violations which occur along the Southern border of the United States as this has increasingly been an area where illegal immigration occurs frequently. However, their mandate includes all immigrants and foreign nationals from countries around the globe and in a recently promulgated announcement from  the Department of Homeland Security (DHS), distributed by the American Immigration Lawyers Association (AILA), it was noted that those from Asian countries who violate US law are just as susceptible to removal. To quote directly from the aforementioned announcement:

SEATTLE – In a chartered flight that originated in Seattle on Aug. 31, U.S. Immigration and Customs Enforcement (ICE) returned 96 immigration violators to the Philippines, Vietnam, Indonesia, Malaysia, Japan and Cambodia; 66 of them had committed criminal offenses in the United States.

ICE’s Office of Enforcement and Removal Operations (ERO) coordinated the flight that returned 66 Filipinos, 18 Indonesians, 5 Cambodians, 4 Malaysians, 2 Japanese, and 1 Vietnamese nationals to their respective countries. The group included 79 males and 17 females. These individuals came into ICE custody from locations throughout the United States and were housed at various detention facilities across the country before being transported to the Northwest Detention Center in Tacoma, Wash., shortly before the flight.

Among the 66 who had been convicted of criminal offenses while living in the United States, their crimes included homicide, felony drug trafficking and possession, rape and other sex crimes, aggravated assault, weapons possession, grand theft, and burglary.

“This year, ICE expects to remove a record number of criminal aliens from the country and charter flights like this are a big part of making that happen,” said ICE Director John Morton. “The United States welcomes law-abiding immigrants, but foreign nationals who violate our laws and commit crimes in our communities should be on notice that ICE is going to use all its resources to find you and send you home.”

ICE officers and medical staff with the Division of Immigration Health Services accompanied aliens on the flight.

Removal from the United States is a serious matter and those immigrants present in the USA on some sort of immigrant visa are well advised to adhere to US law and maintain lawful immigration status at all times. That said, those who have been deported from the US are generally not able to lawfully reenter the United States for a statutorily prescribed period of time. Those barred from the USA may be able to reenter after an approval of either an I-601 waiver or an I-212 petition for advance permission to reenter the USA. In some cases, those removed from the United States are indefinitely ineligible for readmission to the US. USICE offices overseas seem to be tasked with making certain that those removed from the United States actually return to their home country or remain abroad in an effort to prevent from them returning to the USA unlawfully.

United States Immigration law is a complex area of American jurisprudence. The existence of an American warrant on an alien’s record or prior criminal convictions in US Courts can have a serious impact upon one’s ability to immigrate to, and remain in, the United States.

Those seeking information about specific immigration issues are well advised to contact a US attorney in order to ascertain one’s options pursuant to American Immigration law.

For related information please see: Warrant For Arrest, US Visa Indonesia, or US Visa Vietnam.

Tags: Department of Homeland Security, Deport, deportation, Deportee, expedited removal, illegal immigrant, illegal immigration, removal, Removed, undocumented alien, undocumented foreign national, United States Immigration and Customs Enforcement, unlawful alien, unlawful presence, US Visa Cambodia, US Visa Indonesia, US Visa Japan, US Visa Malaysia, US Visa Philippines, US Visa Vietnam, USICE
Posted in American Institute Taiwan, Comprehensive Immigration Reform, Department of Homeland Security, Extradition, 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 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 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 Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, 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, USICE | No Comments »

The J1 visa can be an effective travel document for those seeking admission to the United States for cultural and educational exchange. It was recently announced that certain changes will be implemented which may have a significant impact upon J1 visa applicants. The American State Department has made rule changes which may effect J1 visa processing, to quote a recent press release distributed by the American Immigration Lawyers Association (AILA):

On June 19, 2007, the Department published an interim final rule amending its regulations regarding Trainees and Interns to, among other things, eliminate the distinction between “non-specialty occupations” and “specialty occupations,” establish a new internship program, and modify the selection criteria for participation in a training program.

This document confirms the Interim Final Rule as final and amends the requirements to permit the use of telephone interviews to screen potential participants for eligibility, to remove the requirement that sponsors secure a Dun & Bradstreet report profiling companies with whom a participant will be placed and also amends this provision to provide clarification regarding the verification of Worker’s Compensation coverage for participants and use of an Employer Identification Number to ascertain that a third-party host organization providing training is a viable entity, and to clarify that trainees and interns may repeat training and internship programs under certain conditions.

It would appear that the US State Department is making these changes in order to better enjoy the benefits of technological advances. The use of telephone interviews for eligibility screening purposes will likely decrease overall processing time. Furthermore, repealing the Dun & Bradstreet report requirement will likely save individuals as well as companies time and resources when they opt to file for J-1 visa benefits on behalf of a foreign national.

The J-1 visa is often utilized by those who travel to the USA as exchange visitors. Often, those applying for such a travel documents do so at a US Embassy or US Consulate abroad. As the J-1 visa is a non-immigrant visa, the Consular Officer adjudicating the application must ascertain whether the applicant should be granted the visa notwithstanding the provisions of section 214b of the United States Immigration and Nationality Act which requires that those seeking a non-immigrant visa show “strong ties” to their home country and “weak ties” to the United States. Some are under the mistaken impression that a J-1 visa is a “dual intent” travel document akin to the L1 visa. Due to the provisions of section 214b of the INA, the applicant for a J1 visa should not maintain an intention to remain in the USA indefinitely.

For related information please see: US Tourist Visa.

Tags: 214(b), American State Department, Cultural Exchange Visa, Department of State, dual intent, Exchange Visitor Visa, J1 visa, L1 Visa, United States Immigration and Nationality Act, US State Department, US Visa, US Visa Bangladesh, US Visa Burma, US Visa China, US Visa India, US Visa Japan, US Visa Korea, US Visa Laos, US Visa Malaysia, US Visa Myanmar, US Visa Nepal, US Visa Philippines, US Visa Singapore, US Visa Thailand, US Visa Vietnam
Posted in General Legal Information, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, L1 Visa, Miscellaneous, Thai Family Law, 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 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 Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, 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 Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Americans traveling or residing outside of the United States are often in need of services that can only be provided by an American Citizen Services Section of a US Embassy or US Consulate abroad. Services often sought include, but are not limited to: US passport issuance, visa page addition, promulgation of Consular Reports of Birth Abroad, an notarization. For those living abroad, trips to the US Embassy can be time consuming and may interfere with one’s day-to-day business. Therefore, streamlining the process for the aforementioned services can save time and resources. For this reason, those Americans seeking services at an Embassy abroad are well advised to check the Embassy’s official website to determine if the Post allows for appointment scheduling online. This can provide convenience to the American and provide the Consular Officers at a given Post with an opportunity to prepare in advance to deal with a customer’s needs.

Those unrepresented individuals with a pending visa application before a Visa Unit at an American Embassy or Consulate should check directly with the post to find out how the visa interview process works as Visa Units generally schedule appointments based upon the Post’s capacity. In many cases, non-immigrant visas and immigrant visas have a separate  interview appointment process (for purposes of US Immigration the K1 visa is often effectively treated as an immigrant visa).

The administration of this blog often post the holiday closing schedules for various US Embassies and US Consulates in Asia in an effort to provide assistance to those who may have business at a Post. The following is the holiday closing schedule for the US Embassy in Japan quoted directly from the official website of the Embassy itself:

The Embassy will be closed to the public in observance of the following United States and Japanese holidays:

* Japanese holidays are indicated with an asterisk.

Note:

The Embassy will remain open for the following three Japanese holidays in 2010:

Tags: consular report of birth abroad, Holiday Closing Schedule For US Embassy Japan, K1 Visa, US Consulate, US Consulate Japan, US Embassy, US Embassy Japan, US Embassy Tokyo, us passport, US Visa Japan
Posted in K1 Visa, US Embassy Japan, US Embassy Tokyo | 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 »