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Immigration Ban and Possible Solutions for EB-5 Investors From UAE

The immigration laws in the United States have undergone cardinal changes in the availability of programs that facilitate migration or access to the United States by foreign nationals. These changes to the laws have been underway gradually since the commencement of the Trump administration. Previously,  most of the changes affected foreign nationals who already resided in the country and still allowed for people to enter the U.S. through their many immigration programs, however the culmination of the Corona Virus (“COVID-19”) lead to the announcement by the President of the suspension of the issuance of U.S. immigrant and non-immigrant visas.

The proclamation signed by President Trump called for the temporary suspension of the entry of certain employment-based and family based immigrants. The measure was characterized as a means to protect U.S. workers and conserve medical resources during the COVID-19 pandemic. Pursuant to the proclamation the EB-5 investment program is one of the programs excluded from the immigrant visa temporary suspension ban, mainly due to the fact that the program fulfills the country’s need for job-creating programs. As a requirement for participating in the program, EB-5 program investors investment must create 10 full-time jobs for U.S. persons. Therefore, the program is a great stimulus to the U.S. during this economic downturn and unemployment uncertainty.

Additionally, EB-5 program investors must invest a minimum of $900,000 into a U.S. investment project, the requirement of such high capital investment leads to the assumption that the individuals and families will have enough money to sustain themselves in the U.S. and will not be a drain on U.S. social programs.

The EB-5 program is not the only program exempt from the immigrant visa ban, and foreign nationals who qualify for one of the following visas may apply and possibly gain entry into the U.S., barring any country border closures due to the COVID-19 pandemic : 

  • Foreign nationals seeking to enter on an immigrant visa as a physician, nurse or other healthcare professional, as well as their spouse and unmarried children under 21;
  • Spouses of U.S. citizens;
  • Children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications;
  • Foreign nationals whose entry would further important U.S. law enforcement objectives;
  • Members of the U.S. armed forces and the spouses and children of such individuals;
  • Foreign nationals seeking to enter as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals; and
  • Foreign nationals whose entry is in the U.S. national interest.

As it stands the suspension has been extended to December 31, 2020 and there is no certainty that the date will be appended and either be moved forward or face another extension. This has evidently affected a huge number of foreign nationals who wish to either migrate to the U.S. permanently or move there for work purposes. The EB-5 investment program thus presents as the clearest path and perhaps the only solution to both reside in the U.S. and obtain work as a U.S. green card holder.

Our team of U.S. licensed lawyers have years of experience in helping individuals and families apply for U.S. residency via the EB-5 program. We know and understand the struggles involved with the process of immigration and are ready to assist your families with every step of the process. If you are ready to start your migration journey with The American Legal Center of Dubai, contact us today for more information.

 

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