International entrepreneurs who are ready to file for parole status will now be delayed until March 14, 2018. DHS further believes the IE final rule may be rescinded.
The International Entrepreneur Final Rule (IE final rule) was initially published at at 82 Federal Register 5238 on January 17, 2017 with an effective start date of July 17, 2018. Unfortunately for the ones who really want to take advantage of this new opportunity, the effective date is now delayed until March 14, 2018. The Department of Homeland Security cites President Trump’s January 25, 2017 Executive Order to improve border security and immigration enforcement as the reason of the delay. DHS is required to exercise parole authority with caution.
The IE final rule provides USCIS with a case-by-case discretionary parole authority. International Entrepreneurs who can demonstrate their parole to the U.S. would provide a significant benefit to the U.S. will be allowed an initial stay of 30 months (with the option for extension for 30 months).
U.S. Government Accountability Office recent study shows the majority of EB-5 investors choose the half a million dollars options rather than investing the $1 million. EB-5 Immigrant Investor Program requires investing $1 million in a new business that will result in the creation of at least 10 permanent full-time jobs or $500,000 if the investment is made in a targeted employment area (TEA) — an area that is rural or has an unemployment rate at least 150 percent of the national average. Approximately 10,000 EB-5 visas per year are made available to immigrant investors.
The recent GAO report finds that almost all (99 percent) of the 6,652 EB-5 petitioners in the fourth quarter of fiscal year 2015 elected to invest $500,000 in a TEA. The GAO used a simple random sample of 200 to make the determination.
美国政府责任办公室最近的研究显示，大多数EB-5投资者选择了50万美元的选项，而不是投资100万美元。 EB-5移民投资计划要求投资100万美元在一个新的业务，将导致创建至少10个永久全职工作或50万美元，如果投资是在目标就业区（TEA） – 农村 或失业率至少为全国平均水平的150％。 美国每年向移民投资者提供大约10,000张EB-5签证。
It is the start of a new fiscal year (FY 2017), and new visa numbers are released on this month’s visa bulletin, which indicates the statutorily availability of limited visas. Availability of an immigrant visa means that eligible applicants can file Form I-485, Application for Adjustment of Status.
According to USCIS, President Obama’s new law H.R. 5325 extends the EB-5 Regional Center Program until Dec. 9, 2016. EB-5 was contained in last year’s Omnibus appropriations bill, it is automatically extended by a Continuing Resolution for its duration. USCIS has updated the program information on its October 2016 Visa Bulletin page. USCIS has announced that for October 2016, individuals seeking to file EB-5 adjustment of status applications must use the Final Action (FA) Dates chart.