StartUp Visa Act of 2010

Today Senators John Kerry and Richard Lugar introduced the “StartUp Visa Act of 2010,” which proposes a new EB-6 category visa for immigrant entrepreneurs. While EB-5 gives visas to immigrant investors who contribute capital ($500,000 or $1 million) to US enterprises, EB-6 would give visas to immigrant entrepreneurs with startup ventures that attract US investors (willing to invest at least $250,000). EB-5 immigrants receive permanent residency after two years if the invested enterprise generates at least 10 full time jobs; EB-6 immigrants would receive permanent residency after two years if the enterprise has generated at least five full-time jobs, attracted $1 million in additional investment, or achieved $1 million revenue. This idea has been generating buzz for months, and more than 160 venture capitalists from across the country have endorsed the senators’ proposal.

New Regional Center in Idaho

Idaho State Regional Center, covering mining and tourism industries and the State of Idaho, is the latest entry on the USCIS list of approved Regional Centers. This RC has an attractive website that emphasizes its commitment to the “flawless execution” of its projects and strategies. It offers as unique features that it invests in projects that are currently operational, including mining operations going back to the early 1900s and resort communities that have already sold out several phases, and that its investors will each enjoy the backing of an “underwritten financial strategy” and “the use of a residence at Blackhawk on the River.” It would be interesting to see how the business plan dealt with the “new” commercial enterprise issue and how the corporate lawyer structured a financial backing while leaving the investment technically “at risk.”

New Book on EB-5

As of January 26, 2010, one can purchase or kindle Green Card via the Red Carpet: A Comprehensive Guide to Immigrating to the U.S. by Investing in an EB-5 Regional Center by Stephen Parnell and Andrew Bartlett. The book works hard for its “comprehensive” title, judging from the table of contents viewable on amazon, with sections covering reasons to immigrate to the US, all immigrant and non-immigrant visa categories, the history and types of EB-5, issues to consider in evaluating regional centers, the EB-5 immigration process, and relocation advice. The authors also have a website www.WhichEB5.com, which offers free consulting to potential EB-5 investors and fee-based promotion to Regional Centers. The website includes a lot of text on EB-5 topics and rather little useful information, but maybe because they want me to buy the book. It’s difficult to provide current and correct information for a field as volatile as EB-5, and the website falters a bit in this area, claiming a “green card in six months” timeline for example and reporting the number of regional centers variously as about 30 and about 50 (in fact now over 80). If I were a lawyer or Regional Center I might still buy the book though for the final relocation section, which appears to offer useful practical advice for those time-consuming “how do I make it in the USA” questions from taxation to credit to education to health care that investors do ask.

New Regional Center in Arizona

Arizona appeared on the USCIS Regional Center list this week for the first time with Arizona EB-5 Regional Center, LLC, approved for construction, development and management of medical offices in the Arizona counties of Maricopa and Pinal. It’s always interesting to see the phrasing for target industry – so many different ways out there to refer to the same thing. In this case I wonder what’s the difference between constructing and developing an office?

USCIS breaks the law?

Wow, this is interesting. “What Happens When USCIS Breaks the Law?” asks the AILA Leadership Blog (by the American Immigration Law Association)  in a strongly-worded post alleging that USCIS took ignoring Federal Law to a new level with its 12-11-2009 Neufield memo on the EB-5 program, a memo that not only changes the law but “essentially makes the job creation program unworkable,” according to the post.  AILA is drafting a position paper specifying what’s wrong with the memo and is urging additional action to save the EB-5 and H-1B programs from USCIS and its “bizarre notion of what they think the law should be, not what it really is.” The comments on this post are also worth reading.

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