EB-5 Program Extended

The 1992 EB-5 Immigrant Investment Pilot Program (the “Regional Center Program”), a subset of the original 1990 EB-5 regulations (the “EB-5 Program”), should be permitted to expire on September 30, 2015.  The original premise of the EB-5 Program in 1990 was that each immigrant investor must create at least 10 real, full-time jobs for U.S. citizens and/or permanent residents that were at least 35 hours a week at or above the minimum wage level.   However, in 1992, Congress enacted the Regional Center Program attempting to popularize it in the hopes of meeting the 10,000 immigrant investor visa limit allocated to the EB-5 immigration category.  Under the Regional Center approach, developers were afforded the right to count indirect and induced jobs towards the total 10 job requirement.  The United States Citizenship and Immigration Services (“USCIS”) defines indirect jobs as those held by persons who work outside the newly established commercial enterprise. However, in most cases, indirect jobs are not actual jobs but are subjectively derived from forecasted economic impact studies effectively reducing the 10 jobs requirement by 50 percent to 5 real jobs, or even less. 

Read more at: http://thehill.com/blogs/congress-blog/economy-budget/255316-short-term-eb-5-regional-center-program-extension-would

Temporary Protected Status Extended for Somalia

From USCIS: 

WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Somalia (and eligible individuals without nationality who last habitually resided in Somalia) for an additional 18 months, effective Sept. 18, 2015, through March 17, 2017.

Current TPS Somalia beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that runs from June 1, 2015, through July 31, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before June 1, 2015.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS Somalia beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March, 17, 2017.

To re-register, current TPS beneficiaries must submit:

• Form I-821, Application for Temporary Protected Status (Re-registrants do not need to pay the Form I-821 application fee).
• The biometrics services fee (or a fee waiver request) if they are 14 years old or older.
• Form I-765, Application for Employment Authorization, regardless of whether they want an EAD.
• The Form I-765 application fee or a fee waiver request, but only if they want an EAD. If the re-registrant does not want an EAD, no application fee is required.

Applicants may request that USCIS waive the Form I-765 application fee and/or biometrics fee based on an inability to pay. To do so, applicants must file a Form I-912, Request for Fee Waiver, or submit a written request. Fee waiver requests must be accompanied by supporting documentation. USCIS will reject the TPS application of any applicant who fails to submit the required filing fees or a properly documented fee waiver request.

All USCIS forms are free. Applicants can download these forms from the USCIS website at uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.

Additional information on TPS for Somalia —including guidance on eligibility, the application process and where to file—is available online at uscis.gov/tps.  Certain individuals who are not current TPS beneficiaries may be able to apply late for TPS under the Somalia designation.  Information on Late Initial Filing is also available at uscis.gov/tps. Further details about this extension of TPS for Somalia, including the application requirements and procedures, appear in a Federal Register notice published today.

Applicants seeking information about the status of their individual cases can check My Case Status Online, or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833).

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.