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【ARCFE News】INCREASE VALIDITY PERIOD OF EAD FOR ADJUSTMENT OF STATUS

On September 20th, 2023, the Department of Homeland Security (DHS) announced another series of action to increase enforcement across the Southwest Border, with updates on the extending the validity period for EAD cards (work authorization) for Adjustment of Status (AOS) applicants.

Source: https://www.dhs.gov/news/2023/09/20/fact-sheet-biden-harris-administration-takes-new-actions-increase-border

In their announcement, under the Improving Processing of Work Authorizations and Directly Communicating with Work Eligible Individuals section, DHS specifically states that:

As of now, EB-5 investors who file their I-526E petition concurrently with the AOS package (includes I-485, I-765 and I-131) are receiving EAD cards that are valid for only 1-2 years. If USCIS were unable to process their I-526E and I-485 petitions during that time, investors will need to file for renewal of their EAD cards in order to continue legally working in the U.S.

Per the October 2023 Visa Bulletin published earlier this month, the EB-5 set aside categories still show CURRENT for all countries, and while the general processing expectation for I-526E is around 1-2 years, USCIS extending the validity of EAD card is still a positive news. For countries that are more prone to backlog like China or India, investors who file later and could potentially experiencing backlog will be able to save time, money and effort in applying for renewal.

Source: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-october-2023.html

Urban TEA vs. Rural TEA: Why Urban is the Better Option

The “Rural Phenomena”: Backlog is Coming Fast

The “rural phenomena” is what reputable EB-5 attorney Mona Shah characterizes as the trend involving regional centers advocating for rural projects, boasting of petition approvals in a short period of time. Given the incentives, ever since the program came back last year up until now, there has been an influx of rural projects overflowing the industry recruiting hundreds of investors, majority of them comes from China and India. But there’s a limit to how many visas can be issued. High demand with low supply, backlog for the rural set aside category is not too far away.

Listen to the full podcast here: https://mshahlaw.com/podcast-episode-188-reflections-on-the-impact-of-visa-backlogs-in-set-asides-other-matters/

Even with EB-5 Projects: Location, Location, Location!

The importance of location in real estate projects cannot be understated. The right location can determine the success or failure of a project. It influences property value, rental income, and market demand. Factors such as accessibility, proximity to amenities, schools, transportation, and employment centers significantly impact the attractiveness of a property. A desirable location can attract a larger pool of potential buyers or tenants, increase property value appreciation, and ensure sustained demand. In contrast, a less favorable location can hinder marketability, limit rental income potential, and impede the project’s overall success. Therefore, careful consideration and analysis of location are crucial when undertaking real estate projects to maximize their potential for profitability and long-term success.

Examining real estate trends and selecting the right location is crucial for EB-5 repayment success. A thorough analysis of market demand, growth potential, and economic indicators helps identify areas with high investment opportunities. Choosing a location with strong real estate prospects increases the chances of successful capital repayment and enhances the overall profitability of an EB-5 project.

Why New York City?

New York City’s real estate market stands apart from other places in the United States due to its unique blend of unparalleled opportunities and global appeal. With a diverse range of neighborhoods, iconic landmarks, and a thriving business ecosystem, NYC offers a dynamic investment landscape. The city’s robust economy, cultural vibrancy, and exceptional infrastructure contribute to its enduring desirability. Moreover, the city’s status as a global financial hub attracts a diverse pool of investors, ensuring a steady stream of demand. While property prices may be higher, the potential for long-term appreciation and rental income is significant. Ultimately, NYC real estate offers a distinctive blend of prestige, investment potential, and unparalleled urban lifestyle, setting it apart from other markets across the country.

NYC grapples with a challenging housing landscape characterized by high demand and limited supply of apartments. In the dynamic real estate landscape of New York City, the high demand and limited supply of apartments have created a favorable outlook for investment. The city’s enduring allure as a global hub for commerce, culture, and innovation ensures a consistent influx of residents, including both local and international individuals seeking to be part of the Big Apple’s vibrant lifestyle. The scarcity of available apartments makes real estate investment in NYC an attractive proposition. Investors can anticipate strong rental income and potential for property appreciation, driven by the city’s resilient economy and enduring appeal. Despite the challenges, the New York City real estate market continues to offer promising opportunities for those looking to invest in the heart of the world’s most iconic metropolis.

EB-5 Concurrent Filing: Immediate Freedom to Work & Travel

The EB-5 RIA 2022 also allow investors who are already in the U.S. under visa such as F-1/H1B/etc. to file concurrently for adjustment of status. EB-5 concurrent filing is a process within the EB-5 investment immigration program that allows investors and their dependents to simultaneously submit their Form I-526E (“Immigrant Petition by Regional Center Investor”) and Form I-485 (“Application to Register Permanent Residence or Adjust Status”) applications. This streamlined approach enables investors to initiate their path to permanent residency while their I-526E petition is being reviewed, expediting the overall timeline and providing a more efficient route towards obtaining a green card in the United States.

Forms to file and a general timeline:

  1. I-765 (Application for Employment Authorization – EAD card) : Expecting 4-6 months processing – typically is the first to be processed

  2. I-131 (Application for Travel Document – Advance Parole) : Expecting 6-8 months processing – typically being processed after I-765

  3. I-526E (Immigrant Petition by Regional Center) : Expecting 2 years processing for categories that are “CURRENT or C”

  4. I-485 (Application to Register Permanent Residence or Adjust Status) : Process after I-526E approval

ARCFE Investors Obtained Their EAD Cards and AP Through Concurrent Filing

ARCFE is an award-winning EB-5 regional center with over 10 years of experience in real estate financing. We were first designated by USCIS in 2013 an were redesignated under the EB-5 RIA in 2022. Our team consists of professionals in the immigration, real estate and financial industries, including team members who are CFA and CPA. As of today, ARCFE has successfully raised and managed EB-5 funds for 15 EB-5 projects in the Metropolitan New York area, with 100% approval rate. We have repaid 100% EB-5 funds to all eligible investors, totaling up to $54M as of April 2023.

Our priority is investors’ success in achieving their American Dream of becoming permanent residents and enjoying the benefits the U.S. has to offer. Our team works diligently to explore opportunities to provide investors with the best EB-5 projects and flexible investment solutions to meet with investors’ needs. We ensure that the services we provide will always put investors’ interests above anything else. As a company that is immigrant built, we believe in the extraordinary talents that new generations of immigrants could bring to this country, and we want to provide an opportunity for the next generations to explore their full potentials in a prosperous environment.

Dutch Kills Project Qualified for Urban TEA & EB-5 Set Aside

Flexible Investment Plan Cater To You

New York Office

28-07 Jackson Ave, LIC, NY 11101

212-889-5333

info@arcfe.com

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