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How the New Executive Order Limiting Immigration Will (Or, More to the Point, Won’t) Impede Your Pursuit of an EB-5 Visa in Florida

Recently, President Donald Trump issued an executive order that significantly curtailed immigration through the end of 2020. One group not impaired by the new executive order, however, is EB-5 investors. EB-5 investors are exempted under the new rule, meaning they can still obtain their visas. EB-5 investors still face many challenges when applying for the investor visa before U.S. Citizenship and Immigration Services. One thing that you should not allow is to delay your visa process by making preventable mistakes like paperwork flaws or proof shortcomings. Protect yourself from those mistakes by ensuring you have the services of an experienced South Florida immigration attorney.

A Bloomberg piece reported that, while the worldwide coronavirus pandemic has caused serious disruptions in the EB-5 program, there is still some good news for certain EB-5 investors. In March, U.S. Citizenship and Immigration Services announced it was changing the way that EB-5 visa applications would be processed. Under the new protocol, visa applications would be processed on an “availability” basis, meaning that, if there is a visa available for you (or if there soon will be,) then your petition is given top priority by the agency. See the Department of State Visa Bulletin for visa availability.

Visit Visa Bulletin July 2020!

If that’s you, and you can obtain approval relatively quickly, the last thing you want is delays in your investor visa petition process. For example, even if USCIS has deemed your case a “top” priority, it can still be sidelined if the agency finds what it perceives to be errors in your paperwork. If your petition lacks the proper and relevant documentation required to established eligibility, it will delay your visa adjudication process. When that happens, the agency may issue a request for evidence delaying it, or worse, the agency could elect to deny your case outright.

There are lots of reasons your case might be delayed or denied. For example, you may have filed the wrong form, failed to include all of the required information on your petition, the information on the petition may have contained inconsistencies, lack of proper or relevant documents, or failed to include the required fees.

Wherever you are in the EB-5 process, the right attorney can help

Wherever you are in the process, a knowledgeable South Florida immigration attorney can help. Whether you are collecting information and documents to prepare your I-526 petition or currently working on your immigrant visa application, an experienced immigration attorney will make sure that your investor visa application process runs as smoothly as possible.

During fiscal year 2017 through fiscal year 2019, more than 28,000 immigrants had their I-526 petitions approved by USCIS. Your goal should be to do everything necessary to be one of those investors. Your case deserves an attorney sensitive to the unavoidable fact that your immigration status can impact every aspect of your life, both professional and personal. It would be best if you had an attorney who is keenly familiar with the immigration laws, regulations, and the procedural hurdles you may encounter through the investor visa application process. Count on the diligent South Florida immigration attorneys at Stok Kon + Braverman for the knowledgeable and detail-oriented representation your case deserves. Our Immigration department has over 18 years of combined experience representing foreign nationals and their families, do business in the U.S. We are ready to represent you diligently and efficiently with your legal needs.

Contact us online or by calling (954) 237-1777 to schedule your consultation.

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