Page 44 - The Indian EYE 041522
P. 44
IMMIGRATION APRIL 15, 2022 | The Indian Eye 44
Some Highlights of the EB-5
Reauthorization:
CSPA Protection and How 245(k) and Concurrent
Filing Combine to Create a New Option for Some
Applicants Who Have Recently Dropped Out of Status
DAVID ISAACSON as Division BB of the appro- lights that seemed particular- Both of these are contained
priations bill (at pages 1022 ly worth mentioning. in section 102(d) of Division under the former law,
he recently enacted to 1061 of the PDF version Section 203(h)(5) of the BB (at page 1027 of the PDF
Consolidated Ap- of the bill). Others have al- Immigration and National- version of the bill). therefore, the eB-5 pro-
Tpropriations Act of ready produced summaries ity Act, as added by section Under previous law, gram was not a useful
2022, which was signed into of the bill, such as one draft- 102(b) of Division BB (at EB-5 petitions and applica- option for people who
law on March 15 after the ed shortly before the Presi- pages 1026-1027 of the PDF tions for adjustment of status
House and Senate resolved dent signed the bill by Robert version of the bill), provides could not be filed concur- wanted to remain in
their differences earlier in Divine of Baker Donelson additional protection under rently, and INA § 245(k) did the united states, but
the month, reauthorized the and posted by Invest in the the Child Status Protection not apply to EB-5 petitions.
EB-5 Regional Center pro- USA, and I will not here at- Act for some children of in- The former meant that it lacked access to a long-
gram and made some other tempt an exhaustive list of all vestors who would otherwise was necessary to file an EB-5 term nonimmigrant sta-
changes to the EB-5 program of the changes contained in age out of their derivative petition and wait for it to be tus or had briefly fallen
in the “EB-5 Reform and In- almost 40 pages of statutory status. If a child becomes a approved before filing an
tegrity Act of 2022”, included text, but there are a few high- Lawful Permanent Resident I-485 application for adjust- out of status for what-
(LPR) on a conditional ment of status, and the wait ever reason. with these
basis through a parent’s could be very long: current
investment, and the posted USCIS processing amendments, on the
parent’s conditional res- times indicate that an I-526 other hand, it can be.
ident status is later ter- Petition by Alien Investor
minated because of, for under the EB-5 program Imagine, for example, a
example, failure to cre- can take anywhere from 35 well-off L-1A nonimmigrant
ate the requisite number months to 71.5 months to manager or executive sent
of U.S. jobs, there will be adjudicate. During those to open a new office in the
a one-year window after three to six years, the inves- United States who runs into
the termination during tor/petitioner would have to trouble after a year because
which the parent can file either maintain status in the the sponsoring company’s
a new EB-5 petition and United States, or (if already business operation has not
the child (if still unmar- here) leave the country. yet developed to the point
ried) will continue to And when the time fi- that USCIS acknowledges it
qualify as a child under nally came to apply for ad- to be able to support his or
the new petition even if justment of status, the inap- her continued efforts as a
then over age 21. plicability of section 245(k) manager or executive. If an
Likely of relevance meant that absent some rare
to more people are two exceptions, the investor/pe- L-1A extension is denied,
and an EB-1C I-140 petition
provisions of Division titioner would have to prove for a manager or executive is
BB which can have a par- that they had maintained not a viable option because
m of ticularly powerful effect status continuously, without USCIS would deny it for the
CYRUS D. MEHTA & PARTNERS PLLC in combination: the ad- even small gaps, and had same reason, the previous
never worked without au-
dition of EB-5 petitions
to those covered by INA thorization. law would not have allowed
§ 245(k), and the addi- This is in contrast to most the nonimmigrant to remain
tion of a new section § employment-based green in the United States while
pursuing the EB-5 process
245(n) allowing concur- card categories, where sec-
rent filing of an appli- tion 245(k) provides for lim- An I-526 petition would have
after falling out of L-1 status.
cation for adjustment of ited forgiveness of up to 180 had no direct impact on the
status where approval of days of time out of status or nonimmigrant’s status until
an EB-5 petition would employed without authori-
2 6th Floor make a visa number zation since one’s last admis- years later.
immediately available. sion into the United States. Continued at next page... >>
Under the newly amend-
www.TheIndianEYE.com
