Top 3 Most Important EB-5 Changes under the 2022 EB-5 Reform Act for 2024 EB-5 Investors

Designed to stimulate the economy by attracting foreign capital and creating employment opportunities, the EB5 visa program offers a clear investment immigration pathway for investors and their families to establish roots in the United States. In 2022, the EB-5 Reform Act was implemented which has provided important incentives for EB-5 investors. This has revived significant…

Why Hiring an Immigration Attorney is Crucial for a Successful L1 Visa Application Process

Navigating the complex world of immigration law can be a daunting task, especially when it comes to securing an L1 visa. The L1 visa is a non-immigrant work visa allowing multinational companies to transfer employees from foreign offices to U.S. branches. However, the L1 visa application process can be intricate and time-consuming, requiring thorough documentation…

Considering Applying for your I-485 with your EB-5 Application? Read This first.

Can and/or should I file for my adjustment of status while I have a pending I-526 for my EB-5? This is a looming question for many EB-5 investors right now after the March 11, 2022 re-authorization of the EB-5 regional center program. (If you have questions about what changes were made, read here). The main change…

Update: President Biden signed the bill – EB-5 REGIONAL CENTER PROGRAM IS REAUTHORIZED!!

EB-5 REGIONAL CENTER PROGRAM IS REAUTHORIZED On March 9, the House of Representatives has an EB-5 bill that reauthorizes the Regional Center Program and made other significant changes to EB-5 law. On March 10, the Senate passed the EB-5 Bill, and the EB-5 Reform and Integrity Act of 2022 now becomes effective law after President…

December 2021 Visa Bulletin Update

December 2021 U.S. Immigration Green Card Schedule The green card immigration scheduled for December 2021 has been updated by USCIS. Here are a few recaps: For mainland China born, EB2 advanced for a month and a half, EB3 continues to stagnate; for Indian born, EB2 advanced for 5 months. Direct EB5 for all counties is current!…

November 2021 Visa Bulletin Update

November 2021 U.S. Immigration Green Card Schedule The green card immigration scheduled for November 2021 has been updated by USCIS. Family immigration has stagnated, and Employment-based immigration EB3 has gone backward. Here are a few recaps: Family immigration: no change for all countries Employment-based immigration EB2:  4 months and 14 days forward for China, and 1 year,…

October 2021 Visa Bulletin Update

October 2021 U.S. Immigration Green Card Schedule The green card immigration scheduled for October 2021 has been updated by USCIS. Relative immigrants and professional immigrants have stagnated. Here are a few recaps: Relative immigration stagnated Occupational immigration has stagnated, and the EB3 submission schedule has been regressed for more than 5 months FINAL ACTION DATES…

September 2021 Visa Bulletin Update

September 2021 U.S. Immigration Green Card Schedule According to the State Department’s September Visa Bulletin, final action cutoff dates for the issuance of an immigrant visa will be as follows: EB-1: All countries, including China and India, will remain current EB-2: China will advance by three months to July 1, 2018, and India will advance by three…

August 2021 Visa Bulletin Update

August 2021 U.S. Immigration Green Card Schedule The Green Card immigration schedule in August 2021 announced by USCIS. Relative immigration has advanced slowly and professional immigration EB2 has advanced significantly again for 4 months! Here are a few Recaps: Relative immigration is progressing slowly. F1 citizens’ unmarried adult children will advance for 8 days, F2B permanent…

How is the EB-5 Regional Center Program Expiration Going to Affect my EB-5 Green Card Application?

What happened to the EB-5 Regional Center Program on June 30, 2021? The EB-5 Regional Center program was not extended by Congress by June 30, 2021. Congress did not pass a law to extend the EB-5 Regional Center program by June 30, 2021, so the Regional Center program has lapsed. No new I-526 Petitions based…

USCIS Confirms Acceptance of $500,000 Minimum Investment Amount

Department Responds to Judicial Vacation of EB-5 Regulations Friday, July 9, 2021 – The U.S. Citizenship and Immigration Services (USCIS) has provided guidance to stakeholders on its application of the judicial order issued 2 weeks ago which voids the EB-5 Immigrant Investor Program Modernization Final Rule that became effective November 21, 2019.  USCIS verifies the “November 21,…

July 2021 Visa Bulletin Update

July 2021 U.S. Immigration Green Card Schedule The Green Card immigration schedule in July 2021 released by the State Council announced. Relative immigration has advanced steadily, professional immigration has advanced substantially, and EB2 has advanced for 7 months. Here are a few recaps: Family-based immigration is advancing steadily. F1 citizens’ unmarried adult children will advance for…

June 2021 Visa Bulletin Update

June 2021 U.S. Immigration Green Card Schedule The Green Card immigration schedule in June 2021 announced by the State Council announced that relative immigration has progressed slowly, professional immigration has advanced significantly, and EB2 has advanced for 5 months. Here are a few recaps: Relative immigration moves slowly. F1 citizens’ unmarried adult children will go…

Planning Ahead Matters!

Set Up a Living Trust and/or a Will today! During uncertain times, it’s natural for people to start thinking about whether they have their affairs in order and if their loved ones and assets are protected should something happen to them. While we think estate planning should always be top-of-mind, it’s especially pertinent during these…

What is a National Interest Waiver (NIW)?

The National Interest Waiver (NIW) allows certain Employment-Based applicants to forego much of the hurdles in other Employment-based applications, mainly the labor certification. Like the labor certification, the NIW was established in the interests of the United States. This waiver, however, allows advanced degree professionals or those with exceptional abilities to contribute to the development…

Why Should You Start a Business in 2021?

Bring out the noisemakers – you finally made it to the end of another year! 2020? It’s been … well, you know. We know this year has been a tough one. Quarantine and social distancing guidelines have primarily moved the business world entirely online, and pivots have been necessary to navigate unprecedented circumstances. As you…

Happy Holidays from SMS Law Firm!

The holidays hold different meanings for everyone. For some, it means enjoying the decorations, music, and the joy in others. For others, the holidays mean reflection and giving back to the community. No matter what they mean to you, the holiday season gives us a chance each year to remember all the great things in…

Family-Based Immigration

At SMS Law Firm, we believe that families should not be kept apart from one another because of national borders. We can successfully help many people navigate their cases. Family-based immigration law is complex and requires the help of a knowledgeable attorney. Attorney James S. Shih assists U.S. citizens with preparing the documentation to bring…

SMS LAW FIRM COVID-19 FAQ

At SMS Law Firm we are dedicated to addressing our clients’ concerns.Recently, we have had a LOT of questions thrown our way, we will be updating this list of Frequently Asked Questions (FAQ) for our client’s convenience. Our valued clients will receive periodic emails with summarized details and links to these FAQs with the latest…

EB5 Program in a Nutshell

EB-5 is a program where a foreign person and their family seeking to come to the United States can invest $500K USD in a government certified program and receive a visa, thereafter followed by a permanent residency. This investment does, however, have certain conditions imposed by the USICS.These conditions include: (1) the capital used must be…

What is the L1 visa?

L1 is a temporary work visa that permits a foreign company to transfer high-level managers or executives (L1A) or workers with specialized knowledge (L1-B) to the United States. The foreign company does NOT need to be in the same field of business. What are the requirements?The main requirements a beneficiary being transferred to the United…

Why Brazil?

In the past years, Brazil has consolidated its position as a strong and attractive global player with a high degree of economic diversification and is currently the seventh largest economy in the world. The economic development of the past years resulted in an expanded mass consumer market and increased social equality, an environment of institutional…

SMS Law Firm is in Taiwan!

We’re excited to say that SMS Law Firm is ever expanding and increasing our range and areas of service. If you’ve taken the time to read about Stella Shih, you’ll know that she speaks fluent Taiwanese. We’ve taken our first steps in Taiwan and opened a new location, you can find our branch office at:…

The EB-5 Program Is Beneficial for Both the U.S. and Investors, but be careful of Fraud

The allure of permanent residence offered through the EB-5 program is clear to both USCIS and the U.S Securities and Exchange Commission. It is also clear that the SEC is aware that fraud runs rampant through the industry. Under the EB-5 regional center program, business owners apply for their businesses to be designated as regional…

EB-5 Extended Until 1/19/2018 In Its Current Form – Indian Investors Are Taking Advantage

On 12/22/17, the House and Senate passed a spending bill which extends the current federal budget until 1/19/2018. By passing a short-term bill, the EB-5 program will be extended without any changes, because current federal programs and spending will be preserved until 1/19/2018. More importantly, this means that the minimum investment amount for the program…

International Entrepreneur Parole – A Potential Alternative Means to U.S. Residence and its EB-5 Application

U.S. Citizenship and Immigration Services (USCIS) will take necessary measures to implement the International Entrepreneur Rule, called “International Entrepreneur Parole.” (IEP). The implementation of IEP had been previously stifled due to Department of Homeland Security (DHS) issuance of a final rule in July 11, 2017, which initially delayed its effective date to March 14, 2018…