On August 3, 2016, USCIS submitted a new proposed rule on parole for entrepreneurs to the Office of Management and Budget (“OMB”) for review. This rule has been much anticipated as the program was first proposed almost two years ago under President Barack Obama’s immigration executive actions and outlined in a formal memo dated 11/20/2014, from the Department of Homeland Security to USCIS entitled “Policies Supporting U.S. High-Skilled Businesses and Workers.”
The latest Department of State Visa Bulletin for August 2016 shows a new backlog of visas in the EB-1 category for applicants born in Mainland China and India. The backlog shows that visa petitions filed in January 2010 are being processed for Final Action, with all visa petitions filed later being subject to a wait of approximately 6 years.
The Department of Homeland Security (DHS) made public a proposed rule that seeks to increase filing fees charged by U.S. Citizenship and Immigration Services (USCIS) for EB-5 visa processes and several other visa categories.
Examples of commonly used forms that would see fee increases are:
Attorney Ignacio A. Donoso is an EB-5 immigration attorney and managing member at I.A. Donoso & Associates, LLC, located in Bethesda, Md. Attorney Donoso practices law in the areas of nationality and consular laws, as well as U.S. immigration law.
I.A. Donoso & Associates participated in a stakeholder meeting with the USCIS EB-5 Immigrant Investor Program (“IPO”) in Washington, D.C. This stakeholder meeting was an invitation for participants to provide feedback on potential EB-5 regulatory and policy changes. USCIS identified four (4) key topics for discussion:
DOS has released the Visa Bulletin for May 2016. For EB-5 visas, both regional center and direct investments, the Final Action Priority Date for persons born in mainland China has now been set to February 8, 2014. The Filing Priority Date for persons born in mainland China remains the same as in last month’s Visa Bulletin: May 1, 2015. USCIS has not yet stated whether they will be using the Final Action Priority Date or the Filing Priority Date for Adjustment of Status Applications for May 2016.