Solutions for EB-5 Investors Whose Projects Failed to Create Necessary Jobs


Wolfsdorf Rosenthal LLP has long advocated for common sense solutions to assist good-faith EB-5 investors whose U.S. immigration process may be in jeopardy due to no fault of their own. Common scenarios which threaten a successful EB-5 case include Regional Center terminations, mismanaged projects, and fraud. Thankfully, USCIS’ new regulations open the door and provide solutions and options for certain EB-5 investors, such as those with an approved Form I-526 stuck in the visa wait line or those with conditional permanent residency whose Form I-829 is due or pending. In these situations, EB-5 investors may need to remove an NCE manager/GP or negotiate a transfer of their EB-5 investment into a new project in order to meet the job creation requirements. The regulations allow, in some circumstances, an EB-5 investor with an approved I-526 to file a new EB-5 petition and retain the earlier application’s priority date, potentially saving years of time outside the U.S. or the ability of a child to immigrate with his/her family.

Having experienced immigration court counsel who understand the nuances of EB-5 law is essential in these situations. Wolfsdorf Rosenthal is a leading EB-5 law firm that has written extensively on these important issues. To learn more, read our blog posts below:

WR律师事务所长期以来一直主张寻求常识性的解决方案,以帮助因项目原因影响移民申请的EB-5投资人。 影响EB-5申请的常见情况包括区域中心终止、项目管理不善、欺诈等。 值得庆幸的是,移民局的新法规为一部分EB-5投资人提供了解决方案,这些投资人可能正在等待I-526排期或者是等待I-829审批。 在这些情况下,EB-5 投资人可能需要撤换 NCE 经理或普通合伙人,或协商将投资款转到新项目中,以满足创造就业的要求。新法规允许I-526 申请已经批准的EB-5 投资人提交新的申请,并保留前一个申请的优先日期,从而避免重新排期。

美国法律纷繁复杂,您需要有经验丰富的移民律师帮助您了解EB-5法律的细微差别。 WR律师事务所是行业领先的EB-5律师事务所,我们就这些重要问题撰写了大量文章。 要了解更多信息,请阅读下面的博客文章:

고용창출 요건을 충족하지 못한 EB-5 프로젝트 관련 해결방안

Wolfsdorf Rosenthal 이민법인은 투자자의 잘못이 아닌 이유로 미국이민 절차가 위험에 빠지게 된 EB-5 투자자들을 돕기 위한 상식적이고 합리적인 해결방안을 오랫동안 주장해왔습니다. 성공적인 EB-5 케이스를 위협하는 시나리오들로는 리저널 센터의 종료, 부실관리 프로젝트, 혹은 사기성 프로젝트 등이 있습니다. 다행히도, 이민국의 새 개정안들은 특정 EB-5 투자자들 (예를 들어, 승인된 I-526 청원서가 대기기간에 걸려있는 신청자들이나 I-829 청원서가 계류중인 조건부 영주권자들) 에게 추가적인 해결방안 및 옵션들을 제공합니다. 이런 경우, EB-5 투자자들은 신규사업체 매니저 혹은 무한책임 파트너를 없애거나 고용창출요건을 충족하기 위해 새로운 프로젝트에 자신의 EB-5 투자금을 이전할 수 있도록 협상하는 방법을 강구해야할 수도 있습니다. 새 개정안은, 특정의 경우, I-526 청원서가 승인된 EB-5 투자자 가 새로운 EB-5 청원서를 접수하고 이전 우선순위를 보전할수 있도록 함으로서, 그들이 미국 밖에서 보내야하는 시간을 절약하거나 미성년 자녀가 자신의 가족과 함께 이민하는 것이 가능하도록 해줍니다.

이러한 경우, EB-5 관련법에 대한 이해와 경험이 풍부한 이민로펌의 도움을 받는 것이 매우 중요합니다. 더 자세한 내용은, EB-5관련 주요 쟁점들에 대한 Wolfsdorf Rosenthal이민법인의 다음 블로그들을 참조하시기 바랍니다.

WR is a world leader in global mobility using WRapid, the firm’s immigration management system Powered by Salesforce, to facilitate the movement of talent worldwide.

This post originally appeared on Wolfsdorf Rosenthal. Reprinted with permission.

About The Author

Joseph Barnettis a partner at Wolfsdorf Rosenthal LLP and specializes in employment and business immigration cases, including immigrant petitions and non-immigrant visa applications for foreign entrepreneurs and investors, management personnel of international companies, individuals with EB-1 extraordinary ability, EB-2 national interest waiver, and alien workers. She also handles complex immigration cases such as protecting age-out derivative children under CSPA, mandamus litigation, consular inadmissibility, as well as preparing responses to Requests for Evidence, Notices of Intent to Deny, and Notices of Intent to Revoke.

Bernard P. Wolfsdorf is the past National President of the 15,000-member American Immigration Lawyers Association (AILA) and is Managing Partner of the top-rated Wolfsdorf Rosenthal LLP immigration law firm. The firm is known worldwide for providing exceptional quality legal services. With over 80 professionals including 18 lawyers, and offices in Los Angeles, New York and Shanghai, the firm provides high-quality, excellent-value global immigration services. Mr. Wolfsdorf specializes in a broad range of immigration areas, including business and EB-5 investment visas and he also handles the full range of global immigration matters. Best Lawyer’s US News and World Report ranked him as its 2018 “Lawyer of the Year” for Los Angeles. In 2017, Mr. Wolfsdorf was listed as Who’s Who Legal’ s “Leading and Most Highly Recommended Immigration Lawyer in the United States” for the 7th year. Mr. Wolfsdorf secured the top spot after earning the most votes from hundreds of highly-rated immigration lawyers around the world. WWL calls Mr. Wolfsdorf a “leading expert in EB-5” who has “strengths in many practice areas.” He has been described by other highly reputable sources, such as Chambers and Partners (USA), as an “excellent” attorney.” The firm is one of only 3 in California awarded Band 1 recognition, and the only one in Southern California with the honor. Mr. Wolfsdorf has been recognized as “an undoubted leader” and “one of the prestigious names in the field” who “knows his stuff back to front”. He is listed in Southern California Super Lawyers, while Chambers Global: The World’s Leading Lawyers for Business has rated him in its top tier. EB5 Investors Magazine has rated Mr. Wolfsdorf in its “Top 25 Immigration Lawyers” for the past 4 years. Mr. Wolfsdorf has been certified by the California State Bar as an Immigration and Nationality law specialist for over 25 years. Chambers USA: America’s Leading Lawyers for Business described him as “one of the hardest-working immigration lawyers around,” adding that “he continues to lead from the front with astute strategic and tactical decisions”. Mr. Wolfsdorf is a long-standing member of the Alliance of Business Immigration Lawyers (ABIL) and ABIL Global, which include the Managing Partners of the top immigration firms worldwide. He has authored numerous publications on immigration law and frequently lectures on visa matters. He is renowned for his broad knowledge of immigration law and his ability to successfully navigate complex immigration matters. Over the years, Mr. Wolfsdorf has had a major impact on the practice of immigration law. In recognition of his contribution, the American Immigration Lawyers Association honored him with its Service Excellence Award for his distinguished work.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.