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Green and Spiegel - An Immigration Law Firm
  • U.S. Imposes Travel Restrictions and/or Quarantines on Recent Visitors to China

    by User Not Found | Feb 02, 2020

    Quick Takeaways:

    • United States barring entry to non-U.S. Citizens/Lawful Permanent Residents physically present in mainland China within two weeks prior to seeking admission – even those with valid immigrant or nonimmigrant visas.
    • Immediate relatives of U.S. Citizens/Lawful Permanent Residents and NATO/UN/Diplomatic personnel amongst those exempted.
    • All who have visited Hubei Province subject to two-week quarantine.
    • Consular services temporarily suspended in China.

    In response to the Coronavirus’ spread from China’s Hubei Province to nearly two-dozen countries around the globe (including the United States), which has prompted the World Health Organization and the U.S. Department of Health and Human Services (“HHS”) amongst other agencies to declare the virus a public health emergency, the United States is taking steps to contain the growing pandemic. According to President Trump’s Proclamation, as of 5:00PM EST on February 2, 2020, the United States will severely prohibit the entry of immigrants and nonimmigrants traveling to the United States within 14 days of having been physically present in mainland China.

    At this time, the Proclamation does not apply to U.S. Citizens, individuals who have only been present in Macau and/or Hong Kong, or anyone who falls into one of the following exceptions:

    • U.S. Lawful Permanent Residents;
      • Which does not include individuals with immigrant visas who have not entered the United States and assumed Lawful Permanent Residency;
    • Spouses of U.S. Citizens or Lawful Permanent Residents;
    • Parents and Legal Guardians of U.S. Citizens or Lawful Permanent Residents who are unmarried and under 21;
    • Siblings of U.S. Citizens or Lawful Permanent Residents, so long as both are unmarried and under 21;
    • Children, foster children, or wards of U.S. Citizens of Lawful Permanent Residents, or children who are prospective adoptees seeking to enter the United States on IR-4 or IH-4 Visas;
    • Foreign Nationals traveling at the invitation of the U.S. government, for a purpose related to containing or mitigating the Coronavirus;
    • Nonimmigrant crewmembers;
    • Foreign nationals seeking entry to, or transiting through, the United States under an A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1 through NATO-4 or NATO-6 visa;
    • Foreign nationals whose entry does not pose a significant risk of transmitting the virus, as determined by the Centers for Disease Control; and
    • Foreign nationals whose entry is in furtherance of important U.S. law enforcement interests, or whose admission is in the U.S. national interest.

    Likewise, the Proclamation does not purport to limit individuals’ eligibility for asylum, withholding of removal, or protections under the Convention Against Torture, and does not appear to prohibit individuals from applying for an adjustment of status to Lawful Permanent Resident, or an application to extend or change their nonimmigrant status within the United States.

    Otherwise, unless they fall into one of the above-listed categories, all foreign nationals traveling from China, or who have been in China within two weeks of returning to the United States, will be denied admission to the country so as long as this Proclamation remains in effect – even if they presently have a valid visa. Further, U.S. Consulates in China have cancelled appointments for the week of February 3, 2020, with no definite timetable for when they will resume normal operations. Individuals waiting on visa issuance have been directed to contact the U.S. Consulate processing their visa.

    Additionally, even those who are allowed to travel to the United States will face significant barriers to admission. All flights entering the United States from China will be directed to one of the following airports: John F. Kennedy International Airport in New York; Chicago O’Hare International Airport in Illinois; San Francisco International Airport and Los Angeles International Airport in California; Seattle-Tacoma International Airport in Washington; Daniel K. Inouye International Airport in Hawaii; and Hartsfield-Jackson Atlanta International Airport in Georgia. Re-routing flights will undoubtedly to appreciable delays in travel.

    After arrival, admissible individuals (including but not limited to U.S. Citizens) will face a mandatory, 14-day quarantine if they visited Hubei province. Likewise, the above-listed airports will be equipped the personnel and facilities to conduct immediate health screens for all individuals who have visited mainland China, and such individuals will receive instructions for self-quarantine if officials determine circumstances do not require mandatory quarantine.

    The Proclamation directs the Secretary of HHS to re-evaluate the Proclamation “as circumstances warrant and no more than 15 days of this order and every 15 days thereafter, [to] recommend that the President continue, modify, or terminate this proclamation.” The virus’ accelerating spread– with more than 14,000 confirmed cases worldwide and more than 300 deaths in China and the Philippines – makes it quite difficult to project how much longer these travel restrictions will apply, or whether they will become even tighter. Likewise, it is possible that as additional information trickles out of China, the crisis may be revealed as even more dire than presently presented.

    Green and Spiegel is continuing to monitor the situation very closely. If you have any questions regarding how these travel restrictions affect you, please do not hesitate to reach out to our office.

  • Green and Spiegel Secures Grenadian E-2 Visa for Chinese Client

    by User Not Found | Nov 22, 2019

    From time to time, we like to share happy news with our readers. As a firm dedicated to representing investors and entrepreneurs from around the world, we try to find creative solutions to enable our clients to secure their dreams in the U.S., especially when those options are not readily apparent.

    For most foreign entrepreneurs, the E-2 nonimmigrant investor visa is the easiest route to open a business in the United States. However, unlike most visa categories, the E-2 visa is only available to certain nationalities around the world. In order to be able to even apply for an E-2 visa, there must be a treaty in place between the U.S. and the country of the applicant’s passport. Unfortunately, the U.S. lacks treaties with some of the world’s most populous countries that are home to millions of prospective entrepreneurs, including P.R. China, India, Brazil, Vietnam, and Russia, just to name a few. Moreover, long EB-5 backlogs for certain countries, especially P.R. China, make the immigrant investor route an impractical option.

    We recently had the pleasure of representing Mr. M.L., a successful Chinese businessman who wanted to open an educational company in a major Northeastern U.S. city. Because there is no treaty, ML utilized the Grenada Citizenship by Investment option whereby he was able to secure a passport.

    Working with a professional network including business plan writers and accountants, Green and Spiegel was able to put together a comprehensive E-2 application package that was submitted for adjudication before the U.S. consulate in Guangzhou, China. Shortly after submission, ML received his E-2 visa, enabling him to actively manage his company and provide valuable educational opportunities to American children. We were honored to lead this effort and assist our client in securing his American Dream.

    “We were thrilled to receive the positive news from the Consulate,” said Philadelphia-based Counsel for the Firm, Matthew Galati. “The E-2 visa is a win-win classification that results in the creation of American jobs. It’s a shame it is only open to certain nationalities. Fortunately, Grenada provides a relatively fast and straightforward immigration option. I couldn’t be happier for my client and his family in welcoming them to the U.S.”

    For more information relating to investment immigration, contact us today.

  • Matthew Galati To Represent Green and Spiegel LLC at the Seattle 2019 IIUSA Industry Forum

    by User Not Found | Oct 28, 2019

    GandS Twitter EB-5 Industry Forum 

    Each year IIUSA hosts the EB-5 Industry Forum, an EB-5 conference which focuses on business development and education across the globe. Over 300 EB-5 professionals will get together to discuss the future of the EB-5 industry. The 2019 IIUSA Industry Forum will be held from October 28-30 in Seattle, Washington. Immigration attorney Matthew Galati will represent Green and Spiegel LLC as he joins Breakout 4, USCIS Policy & Actions: Living in a World of Adjudication Backlogs, RFEs, and NOIDs panel on Tuesday, October 29th at 3:30pm. Matthew will discuss cutting edge EB-5 litigation, including a recent lawsuit filed against USCIS stemming from unreasonable I-526 delays.

    Matthew joins fellow panelists Joseph Barnett of Wolfsdorf Rosenthal, Marisa Marconi of Pinnacle Plan Writing, and John Pratt of Kurzban KurzbanTetzeli & Pratt. These speakers were chosen given their knowledge and experience in EB-5 industry. This discussion will focus on current adjudication timing, USCIS processing times, comprehensive and credible business plans, impermissible debt arrangements, what can be done about misappropriated EB-5 capital, source of funds issues, and project filings to meet the Nov. 21, 2019 new regulations deadline.

    To register or for more information about the event, visit www.iiusa.org/seattle2019.


  • Senator Rand Paul Seeks Congressional Action to Halt EB-5 Program Changes

    by User Not Found | Sep 05, 2019

    As we previously discussed, United States Citizenship and Immigration Services (USCIS) proposed substantial changes to the EB-5 regulations on July 24, 2019.   The “EB-5 Immigrant Investor Program Modernization Rule” is scheduled for implementation on November 21, 2019.  It appears that the Administration will apply the rule, as written, unless Congress acts to stop it.

    On August 20, 2019, U.S. Senator Rand Paul, a long-time supporter of the EB-5 program, sought to block implementation of the changes through a Congressional Review Act resolution.  In a Letter to Colleagues, he wrote:

    “By significantly raising the minimum investment levels required for foreign investors to become eligible petitioners under the EB-5 program, this rule may undermine the very purpose of the program, which is to create jobs and grow the economy.  Moreover, the rule would severely restrict the role of the states in determining targeted employment areas… Taken together, these regulatory changes will disrupt regional center operations and are likely to reduce the level of foreign direct investment in the U.S. economy.”

    As written, the new rules – specifically those nearly doubling minimum investment amounts – will likely reduce the number of EB-5 filings and adversely impact the overall effectiveness of a program that has successfully channeled foreign investment into the US economy.  Senator Paul’s efforts to delay implementation may open a window for a broader legislative effort to address EB-5 program challenges like the country cap and adjudication delays. We have previously detailed our opposition to the EB-5 Modernization Rule, although our concerns were largely ignored. We accordingly advise clients to interested in EB-5 to move forward as quickly as possible given significantly worse terms starting November 21.

    We will continue to monitor this issue closely.  Contact us today to discuss EB-5 investor questions.

  • Update: French E Visa Validity Policy Will Take Effect September 26, 2019

    by User Not Found | Aug 29, 2019

    On August 21, our firm wrote about the revised reciprocity schedule for E visa classifications for France. More specifically, it was announced that the validity period of E-1 and E-2 visas issued to French foreign nationals would be reduced to 15 months, down significantly from a maximum validity period of five years (or 60 months).

    When the policy was first shared with the public, the change was slated to take effect on August 29, 2019. However, the roll-out date has since been pushed back. The change in the reciprocity schedule will instead be implemented on September 26, 2019. 

    U.S. Practice Director, Jonathan Grode, will be in Paris at the end of September and will endeavor to meet with the Visa Chief and E-2 officer as he has done in the past. Additionally, in his role as President of the of the French-American Chamber of Commerce Philadelphia Chapter, Jonathan has been in touch with the French consular corps and hopes to gain further insight.

    It is our sincere hope that this change will only last for a short period of time – adjustments to the visa reciprocity table are not uncommon, and we remain optimistic that this is a temporary rather than permanent adjustment. Importantly, adjudicative standards have not changed. While the shorter validity period is problematic and unfortunate, the level of scrutiny and the requirements for E-1 and E-2 visas has not changed. This means that new registrations and renewals should be adjudicated under existing standards.

    The firm is offering free planning sessions with all current French clients in light of this change. We will continue to monitor this situation as it unfolds. If you have questions regarding the E visa classification or the impact of this policy, please contact us.

  • Final Action Dates Leap Forward on the Latest Visa Bulletin and Indian EB-5 Applicants are the Big Winners

    by User Not Found | Aug 23, 2019

    The September 2019 Visa Bulletin was recently published and it contains significant changes for some visa applicants. While some EB-5 visa applicants saw moderate improvement in available visas from the August 2019 Visa Bulletin, Indian investor applicants will notice that Indian Final Action Dates have moved considerably forward based on, in our opinion, slower than anticipated I-526 adjudications.

    The July Visa Bulletin established Current dates for all countries except China, Vietnam, and, for the first time, India. Indian natives with Final Action Dates earlier than May 1, 2017 could file for a visa but Vietnamese nationals were assigned a Final Action Date of October 1, 2016 and Chinese Nationals were assigned Final Action Dates of October 1, 2014. Then, in the August Visa Bulletin, the Final Action Dates for China, India and Vietnam were all set to October 15, 2014, ostensibly as the Department of State identified that India and Vietnam’s country caps were effectively used. With the September 2019 Visa Bulletin, we see India’s Final Action Date lurching forward again to September 1, 2017, while China and Vietnam share an October 22, 2014 Final Action Date.

    The Green and Spiegel immigrant investor team tracks the Visa Bulletins carefully and is in a good position to assist potential immigrants who are interested in US investment opportunities and the status that may go along with it. If you have an approved EB-5 or pending petition  and would like to discuss filing for status in the US,contact us today.

  • French E Visa Validity Period Reduced to Maximum of 15 Months (Down From 60 Months)

    by User Not Found | Aug 21, 2019

    On August 20, 2019, the U.S. Department of State announced a revised reciprocity schedule for France for the E visa classification. Specifically, the validity period of E-1 and E-2 visas issued to French foreign nationals has been drastically reduced to a mere 15 months. In the past, French E visas were issued with validity periods of five years (or 60 months). This policy takes effect on August 29, 2019.

    Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. E-1 visas are for applicants wishing to come to the U.S. to “engage in substantial trade,” while E-2 visas are for applicants who seek to come to the U.S. to “develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.”

    Per the statement posted on the DOS website, the reduction in E visa validity time from 60 months to 15 months has been instated as a response to “treatment afforded to U.S. citizens by the Government of France.”

    To date, there has been no recent change in the duration of visas granted to US citizens by France. The French “Passport Talent” scheme covers 10 immigration categories, a handful of which closely align with the E visa designation. The Passport Talent visa for entrepreneurs and investors is most often issued for a period of four-years. Thus, for now, it is unclear what exactly is meant by “treatment afforded to U.S. citizens,” as there is no direct or correlative change in the French reciprocity schedule.

    It is also worth noting that the exact E visa validity period varies widely from country to country based on the reciprocity schedule with that country. In Switzerland, for example, E visas are issued with a validity period of 2 years. For Egyptian or Bangladeshi foreign nationals, E-2 visas have a validity period of only 3 months. In the majority of countries with which the United States has a qualifying trade agreement, including most of our EU allies, E visas are issued in 5-year increments.

    Although 15 months is by no means the shortest period of validity currently associated with E visas (as noted above), the new policy marks a significant shift in the U.S. approach to French visa applicants, particularly in terms of fostering financial investment via French entrepreneurial endeavors in the U.S. Indeed, the overall goal and spirit of the E visa classification centers around fiscal growth, investment in the U.S. economy, and cross-cultural exchange.

    More specific information regarding E visa validity periods (by country) can be found in the Department of State’s reciprocity schedule, here. Please note that, as of the time of this blog post, the reciprocity tables for France have not yet been updated to reflect the new change.

    Our offices will be monitoring this new policy and its effects closely. We are hopeful that this change is temporary and that the French and US governments can once again align on investment and trade-based visas classifications. Jonathan Grode (U.S. Practice Director of Green and Spiegel), in his role as President of the French-American Chamber of Commerce will personally be attempting to garner more information regarding this change and future alterations to this important visa classification for French nationals doing business in the United States.  If you have questions regarding the E visa classification, or the potential impact of this policy, please do not hesitate to contact us.

  • What’s Going to Change With The New EB-5 Regulation, Effective on Nov. 21?

    by User Not Found | Jul 31, 2019

    We previously covered the publication of the EB-5 Modernization Rule when it was provided to the public on July 23. Now that everyone has had a chance to read and digest its 239-page discussion of comments and rationale, we are happy to present our readers with the following summary of the major changes to the EB-5 program. Note that these changes apply to Direct and Regional Center-based petitions alike.

    1. Minimum investment amounts will rise substantially. When the EB-5 Modernization Rule was proposed in January 2017, undoubtedly its most shocking provision was the proposed raising of minimum investment amounts from the current $500,000 (targeted employment area “TEA”) / $1m (default) amounts to $1.3m (TEA) / $1.8m (default). Commentators for the most part attacked this proposal, arguing that it was too much, too fast. In finalizing the rule, DHS was moved somewhat in this regard. Effective with cases filed on Nov. 21, 2019 or later, the minimum TEA-based investment will be $900,000. DHS did not budge, however, on the non-TEA amount which is now pegged at $1.8 million, as was proposed. Although proportionally the difference between the two is the same, this now creates a much more severe differential of $900,000 in minimum investments, based on geography.
    2. Minimum investment amounts will change in the future. The new regulation reflects the only instance of raising in the EB-5 investment amounts in the program’s 29-year history. While stakeholders may disagree whether this was overdue, future minimum investment amounts will be adjusted automatically every five years from the effective date based on the Consumer Price Index for All Urban Consumers, an economic indicator that tracks the prices domestic goods and services. Thus, if consumer prices rise in the future (e.g. through inflation), then EB-5 minimums will also rise. EB-5 stakeholders can accordingly anticipate higher minimums to be effectuated in November 2024, 2029, 2034, and so on.
    3. It’s going to be much more difficult to obtain a “high unemployment TEA” designation. Compared to other issues, EB-5 stakeholders were much less unified on the question of what locations should qualify as a high unemployment TEA, possessing at least 150% of the national unemployment rate. Presently, USCIS defers to state designations of TEA locations which, in effect, can be just about anywhere provided that the proper state official signs off on the designation. This practice has been derided by some as “gerrymandering.” Effective Nov. 21, the methodology for obtaining a high unemployment designation will be a single census tract in which the NCE is principally doing business, and “any or all census tracts directly adjacent to such census tract(s)” by utilizing a weighted average.Notably, the regulatory text of this rule is somewhat inconsistent with the rule summary which requires the use of “any and all adjacent tracts.” USCIS might accordingly need to issue guidance in this regard.
    4. USCIS has ended its deference to state TEA designations, greatly complicating this process. When we submitted our comment to the draft rule, we worried that federalizing the high unemployment TEA designation process would lead to increased processing times and uncertainty, similar to how processing times for prevailing wage determinations rose after USCIS federalized the labor market testing process in the mid-2000s. In the final rule, USCIS did not establish a separate TEA designation process or enable states the ability to utilize a TEA designation letter based on the new methodology. Instead, USCIS will itself at the time of adjudication make the determination of whether an NCE is in a TEA  based on the documentation submitted by investors. An assumption that a project will remain in a TEA year after year can no longer be guaranteed.
    5. There are some limited priority date retention provisions. Investors with approved I-526 petitions who have – because of processing times or quota backlogs – will be able to retain their priority dates if new I-526 filings are needed. Thus, in case of material change or a failed project, an investor need not go back to “end of the visa queue.” We advocated that the rule should be broader, protecting investors who may have had their petitions denied but were approvable when filed. Unfortunately, the agency will not go so far.
    6. The I-829 process for Derivatives is now clarified. DHS has now clarified that derivative spouses and children not included with a principal’s I-829 (either because the principal omitted the derivative or failed to file), derivatives may file their own separate petitions. One wonders the practical applicability of this clarification, however, as the derivatives may not have access to the documentation needed for I-829 approval.
    7. Project issuers will have the chance to modify their offering documents without worry of “material change.”The rule is effective 120 days from its publication, or Nov. 21, 2019. As part of the implementation language, project issuers are permitted to modify their documents to comply with the new rule (perhaps by changing the number of units in the offering raise) without worry that the changes are material. This accordingly will protect backlogged investors and those leveraging exemplar approvals that file in the brave new EB-5 world beginning in late November.

    In sum, we are of the opinion that the regulatory changes are for the most part detrimental to the interests of prospective investors, although we appreciate that USCIS gave stakeholders four months of lead time to brace for change and did not attempt to apply provisions retroactively. We accordingly believe that most individuals would be best served by filing their EB-5 petitions as soon as possible, and certainly no later than November 20, 2019.

    Contact us today if you are interested in filing an EB-5 petition prior to the effective date.

  • EB-5 Regulation To Be Published, Effective Nov. 21, 2019

    by User Not Found | Jul 23, 2019
    Tomorrow, the Department of Homeland Security (DHS) will publish the EB-5 Modernization Rule in the Federal Register. 
     
    The finalized regulation will raise minimum investment amounts to $900,000 (TEA) and $1.8 million (non-TEA). Furthermore, the TEA designation rules are significantly curtailed.
     
    We will update our readers once we have had opportunity to fully review the regulation. Contact us today if you are interested in filing an EB-5 petition prior to the effective date.
  • Josh Rolf Leads Investment Visa Discussion in Buenos Aires

    by User Not Found | Jul 16, 2019

    Joshua Rolf and Rodrigo Solá Torino 

    On July 12, 2019, Green and Spiegel Associate Joshua Rolf appeared at Marval, O’Farrell & Mairal in Buenos Aires, Argentina. Following-up on U.S. Practice Director Jonathan Grode’s appearance at the ABA’s Midyear Meeting in May, Josh returned to Buenos Aires to join Marval Partner Rodrigo Solá Torino in presenting strategies for expanding business operations in the United States through employee transfer and investment, and approaches to doing the same in Argentina. The talk also covered trends in both countries’ regimes that may affect future relations and business opportunities, including but not limited to recently proposed regulations that would alter the EB-5 Program and legislation that would eliminate per-country limits for employment-based green cards. 

    “Having previously lived in Buenos Aires, it was a true pleasure to be back in this wonderful city and to have presented alongside such a distinguished attorney as Rodrigo, and at an institution the likes of Marval,” said Josh, one of Green and Spiegel’s several Spanish-speaking attorneys who delivered the presentation and fielded questions in his best porteño accent. “It was also so interesting to speak with Rodrigo and his visa team over the course of my visit about the similarities and differences between our immigration systems. I hope that this was the first of many such encounters, and that we continue to build stronger relationships with our Argentine colleagues and their country’s enterprising business community.”

    If you like to learn more about the approaches discussed during this presentation, or any other immigration-related matters, please do not hesitate to reach out to our Firm.