Kyle Behring

The Debate Over the EB-5 Investment Sustainment Period

| April 4, 2024
On Friday, March 29, 2024, Invest in the USA (IIUSA), an EB-5 stakeholder trade association, filed a federal lawsuit challenging a recent USCIS interpretation of the RIA which advanced the 2-year EB-5 investment sustainment period to begin when the job creating investment was made. The lawsuit notes that USCIS still has not taken appropriate steps ...

March 2024 Visa Bulletin: Pre-RIA Investors have until February 28th to file their I-485 AOS applications

| February 13, 2024
Yesterday, the U.S. State Department published the March 2024 Visa Bulletin (see here). No changes for EB-5 investors. Chart A remains current for all visa set-aside categories – rural areas, high unemployment areas, and infrastructure projects – for all countries. For investors who filed before the Reform and Integrity Act of 2022 (RIA), visa backlogs ...

Redefining EB-5 Investments: The Unmatched Value of Diversification to an EB-5 Investor

| January 12, 2024
Across the EB-5 investment industry, the concept of diversification is completely ignored. Offerings are single assets, individual syndications, one-off deals. It doesn’t matter if it’s looking at EB-5 project offerings, the regional centers or even the EB-5 investors’ preferences, the concept of reducing risk through diversification is almost nonexistent. Diversification is incredibly important to every ...

EB-5 Investment Sustainment Period Changed to 2-Years, 5 Year EAD Cards.

| October 25, 2023
On October 18th, Behring Regional Center hosted a webinar to discuss the latest updates in EB-5. Dive into key topics like USCIS's new 5-year EAD card policy, changes to the 2-year sustainment period, and insights on Behring's EB-5 investment opportunities. We will be publishing written articles later on this week but we wanted to get ...

October Public Engagement with USCIS on the EB-5 Immigrant Investor Program

| October 24, 2023
The Citizenship and Immigration Service Ombudman's Office (OMB) is hosting a Public Engagement on the EB-5 Immigrant Investor Program Office (IPO) on Monday, October 30, 2023 at 2 p.m. Eastern Time. OMB recently spoke to EB-5 industry stakeholders such as IIUSA, AIIA, and the AILA EB-5 Committee. Next in their Webinar Series is a public engagement ...

USCIS Provides Updated Guidance for EB-5 Investment Sustainment Period and Investors Associated with Terminated Regional Centers

| October 11, 2023
Today, USCIS provided additional guidance on it’s interpretation of changes to the EB-5 program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA), specifically the required investment timeframe and how USCIS treat investors who are associated with a terminated regional center. The guidance provided by USCIS ...

October Visa Bulletin Analysis for Fiscal Year 2024

| September 19, 2023
The October Visa Bulletin for Fiscal Year 2024 has been released, marking the beginning of the new fiscal year. This is the first visa bulletin of Fiscal Year 2024 and resets the annual visa quotas for all visa preferences. It sets the expectations for the rest of the fiscal year. This bulletin is a critical ...