Mark A Ivener, A Law Corporation

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Citizenship by Investment: Navigating the country choices for E-2 Visas

Information for investors seeking E-2 visas following the acquisition of treaty country citizenship by investment (“CBI”) is especially relevant in light of the changes in the EB-5 program post-November 20, 2019. This article will highlight country options available for those investors whose country (e.g. China, India, Vietnam, and others) does not have E-2 visa availability,… Read More

Retaining the Priority Date under New Regulation

When the investor’s EB-5 petition has been approved, but there has been fraud or misappropriation of funds by the regional center, NCE or project, the investor retains their priority date. Where there is fraud by the investor resulting in the approval of an EB-5 petition, the priority date is not retained. If there is a… Read More

Investors Win Appellate Reversal Of EB-5 Visa Denial

A federal appeals court in Washington has ruled that U.S. Citizenship and Immigration Services (USCIS) unreasonably denied a group of investors’ petitions for EB-5 visas on the basis that their investment didn’t comply with the rules of the program.

New EB-5 Regulations in Effect as of Nov. 21, 2019

The new EB-5 regulations came into effect on November 21, 2019, and several amendments have been introduced to the program. Established in 1990 by the Immigration Act of 1990, the EB-5 Immigrant Investor Visa Program allows eligible, foreign investors to become lawful permanent residents by investing at least $900,000 to finance a business in the… Read More

New DHS Regulations for EB-5 Will Have Wide Ranging Impact

The U.S. Department of Homeland Security (DHS) finalized regulations which may upend the EB-5 investor visa program. The rule, which increases minimum investment amounts in TEA areas to $900,000 from $900,000 and all other areas to $1.8 million from $1.8 million, will go into effect on November 21, 2019. The adjustments to the minimum investment… Read More