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Portugal

Safest Countries in the World 2022, Portugal Ranks 3rd and Canada is 6th !!

The Global Peace Index ranks the safest countries in the world. This report is published annually by the Institute for Economics and Peace, “an independent, non-partisan, non-profit organization dedicated to shifting the world’s focus to peace as a positive, achievable and tangible measure of human well-being and progress.” The report researches countries to determine which are the safest while also ranking the most dangerous.

A total of 163 countries are featured in the report. There are 23 different indicators used to determine how safe or how dangerous a country is.

These factors are broken into these categories:

Ongoing International Conflict, Societal Safety and Security, and Militarization. The factors used to compile this report include the number of internal and external violent conflicts, level of distrust, political instability, potential for terrorist acts, number of homicides, and military expenditures as a percentage of GDP. Based on these factors, a score is calculated for each of the 163 nations featured in the report. The lower the score, the higher the nation is ranked in terms of safety.

A majority of the top 25 safest countries are European countries. Europe is the only continent to have not seen a decline in safety since 2009. The second-most-common region in the top 25 s Asia. Both regions have a homicide rate of about 3 per 100,000 inhabitants. Most notable are the Nordic countries of Europe. Norway, Sweden, Denmark, Iceland, and Finland are all in the top 25 safest countries, so this region is considered the safest in the world. The homicide rate in this region is 0.8 incidences per 100,000 inhabitants. These five Nordic countries are all in the top 10 happiest countries in the world as well.

Ten Safest Countries in the World

The top 10 safest countries in the world are as follows:

1. Iceland

According to the Global Peace Index, Iceland is the safest country globally for the 13th year in a row. Iceland is a Nordic nation with a relatively small population of 340,000. Iceland has a very low level of crime attributed to its high standard of living, small population, strong social attitudes against crime, a high level of trust in its well-trained, highly educated police force, and a lack of tension between social and economic classes. Iceland does not have a military, and the police do not carry firearms with them (only extendable batons and pepper spray). Iceland also has laws in place to guarantee equality, such as legal same-sex marriage and same-sex adoptions, religious freedom, and equal pay for men and women.

2. New Zealand

New Zealand is the second-safest country in the world. Like Iceland, New Zealand has a very low crime rate, especially violent crime. Theft, however, is a common occurrence, especially for tourists. New Zealand has no deadly animals, unlike its neighbor down under, Australia, known for having some dangerous wildlife. New Zealand’s score slightly decreased from the year before due to the terror attack on two mosques in Christchurch on March 15, 2019, which killed 51 people. New Zealanders are generally open-minded and have laws in place to prevent abuse of anyone’s freedom of speech or expression. Like Iceland, police in New Zealand do not carry personal firearms.

3. Portugal

Portugal comes in third in the most peaceful countries rankings. In 2014, Portugal was ranked 18th globally and has since made huge strides to be ranked third. Unlike Iceland and New Zealand, Portugal has armed police; however, it seems that an increased police presence has resulted in a decreased crime rate in the country. In the past six years, Portugal has made an economic resurgence, decreasing its unemployment rate from over 17% to under 7%. Due in large part to its level of safety, Portugal is ranked as the best country for retirement in 2020 according to the Annual Global Retirement Index.

Get the Portugal Golden visa today.

Also, read 11 Reasons to Move to Portugal in 2022 from India

4. Austria

Austria is the fourth-safest country in the world. Austria’s 2020 score increased slightly by 0.011 points from 2020 but kept its fourth-place ranking. Austria, however, saw a deterioration in the likelihood of violent demonstrations indicator after the election of Sebastian Kurz’s People Party in October 2017. Due to the country’s political instability, social unrest has increased. Austria, otherwise, is a very safe country to visit. Serious crimes are uncommon, although people should be aware of pickpockets and purse snatchers. Additionally, Austria has been spared any major acts of terrorism.

5. Denmark

Ranked fifth on the Global Peace Index, Denmark is one of the safest and happiest countries in the world. Denmark is one of the few countries where people report feeling safe at any time of day or night, even children. Denmark has a high level of equality and a strong sense of common responsibility for social welfare — two things that contribute to both Denmark’s safety and happiness. Corruption is rare in business or politics, as honesty and trust are top priorities in Denmark. Denmark is also a welfare state, meaning that everyone receives services and perks that help them live comfortable lives. Everyone in Denmark has access to healthcare with no additional fees to them, tuition-free education, and the elderly are provided at-home care helpers.

6. Canada

Canada is the sixth-safest country in the world according to the Global Peace Index, maintaining its position from 2019. Canada received particularly good scores for internal conflicts, levels of crime, and political stability. In addition to good job opportunities, great access to healthcare, and effective government, Canada has some of the most notoriously friendly people in the world. Canada has a crime rate that is about one-third that of its neighbor, the United States (1.6 incidents per 100,000 vs. 4.5 per 100,000 respectively). In a 2018 Gallup survey, 84% of Canadians surveyed said that they felt safe in their country.

Start your Journey to Canada PR through the Canada Startup Visa.

7. Singapore

Singapore ranks seventh on the GPI. In the same Gallup report from 2018, Singapore residents felt the highest sense of personal security and have more positive experiences with law enforcement than any other country. Singapore has one of the lowest crime rates in the world, which is due to severe penalties that are issued for even small crimes. The government and police strictly control guns and other firearms, so violent and confrontational crimes are rare in Singapore. The city-state is also the second-safest city in the world according to the Safe Cities Index from the Economist Intelligence Unit (EIU). Singapore ranked first for infrastructure security and personal security, second for digital security, and eighth for health security.

8. Czech Republic

Finishing the top ten safest countries in the world is the Czech Republic. The Czech Republic climbed two spots from its 2019 ranking of ten to eight. Crime rates have steadily decreased over the years, especially violent crimes. This is despite having relatively easy access to weapons in the country. The Czech Republic also has a low impact on terrorism. The country’s fall in rankings is due to its relatively high involvement in foreign conflicts, the high ratio of the number of prisoners per capita, and security forces and police assessment.

9. Japan

The ninth-safest country in the world is Japan. Japan has been in the top ten countries in the Global Peace Index for 13 years, consistently receiving high marks for low crime rates, internal conflict, and political terror. A couple of areas of concern include Japan’s troubled relations with its neighbors and the increasing size and power of the country’s self-defense forces. Japan is known for having limited immigration and limited access to firearms. Japan does not see carrying a firearm to be an individual’s right. According to the Safe Cities Index from the Economist Intelligence Unit, Tokyo is considered the safest city in the world, ranking first in cybersecurity, second for health security, and fourth for infrastructure security and personal security.

10. Switzerland

Finishing the top ten safest countries is Switzerland, which has a score of 1.366. Switzerland ranks in the top five in the Safety and Security domain, losing one rank in 2019. Along with several other highly peaceful countries, Switzerland ranked amongst the ten highest weapons exporters per capita every year for the last five years. Fortunately, Switzerland ranks fourth globally for food security and is among the ten most peaceful countries for ongoing domestic and international conflict.

There are some commonalities among the safest countries in the world, such as their levels of wealth, social welfare, and education. Additionally, these countries have effective criminal justice systems and governments that maintain very healthy relationships with their citizens. The United States currently ranks 128th in the Global Peace Ranking. The United States’ ranking has fallen every year since 2016 and can be attributed to a decrease in life satisfaction and an increasing wealth gap. When comparing 2020’s report to the previous report released in 2019, a total of 81 countries were more peaceful than they were in the previous year. However, 80 “deteriorations” were reported, indicating that 80 countries were less peaceful in 2020 than in 2019. The average country score deteriorated by 0.34%. Europe remained the most peaceful region in the world, a position it has held for every year of the Global Peace Index.

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News

New Zealand Launches new investor migrant visa category

  • A new Active Investor Plus visa category is created to attract high-value investors.
  • The new visa will replace the existing Investor 1 and Investor 2 visa categories.
  • Eligibility criteria includes a minimum $5 million investment and encourages greater economic benefit to New Zealand companies by capping passive investment in listed equities to 50 per cent and excluding bonds and property.
  • Visa category will open 19 September 2022.                                            

As part of the Government’s Immigration Rebalance strategy, changes to New Zealand’s investor visa settings will be made to attract experienced, high-value investors bringing growth opportunities to domestic businesses, Economic and Regional Development Minister Stuart Nash and Immigration Minister Michael Wood announced today.

“We have so many fantastic businesses in New Zealand that are making a real name for themselves in the global marketplace. Our Government has a goal to support these businesses to grow into even more successful global brands, and updating our investor visa settings is a key part of our strategy to attract high-value investors,” Stuart Nash said.

“This is part of our Immigration Rebalance strategy, which aims to attract high-skilled migrants, and aligns with our goal to build a more productive, competitive and sustainable, economy. The new visa settings will attract active and high-value migrants who will bring their international expertise to help New Zealand businesses to grow, which increases local employment and directly benefits the economy.

“The new Active Investor Plus visa will replace the old investment visa categories, which although successful in attracting a large amount of funds over past decade – over $12b –often resulted in passive investment in shares and bonds rather than directly into New Zealand companies, meaning a missed opportunity to attract more active investors who can deliver real benefits to our economy over a long period of time.

“We want to encourage active investment into New Zealand, which generates more high-skilled jobs and economic growth compared to passive investment. This new visa category will also leverage the skills, experience and networks of migrants who will bring their access to global networks and global markets to help Kiwi companies grow faster and smarter.

“Overall, the visa changes are a win-win for New Zealand and migrant investors. Investors secure an opportunity to invest in smart and innovative New Zealand businesses that have the potential to be globally successful, and Kiwi businesses gain valuable skills, connections, and capital. This will make New Zealand more competitive in the international marketplace and take our businesses to the next level,” Stuart Nash said.

“The new visa category will help to attract investors that will remain in New Zealand for the long term, bringing their skills and experience to increase our productivity and competitiveness, supporting our transition to a high wage, productive economy,” Michael Wood said.

“Applicants who make acceptable direct investments, among other requirements, will be eligible for the new visa with a $5 million minimum investment and receive the highest rating which is a lower minimum amount than those who choose more indirect investments. The minimum amount required for indirect investments will be $15 million.

“We’re also improving the flexibility for the investor by allowing them to invest over a three-year period and maintain their investments up to the end of a fourth year. Investors will need to spend at least 117 days, or around a month a year, in New Zealand over the four-year investment period. This is increased from 88 days in the previous category in order to ensure that investors are actively getting hands on with local companies to help them grow.

“Being in New Zealand will provide more opportunities to become involved in the businesses they’ve invested in, further sharing their expertise and connections. Spending time here also increases the likelihood of further active investment. The changes align with similar investor migrant settings in Australia,” Michael Wood said.

The new Active Investor Plus visa will open on 19 September 2022. Applications under the Investor 1 and Investor 2 visas will no longer be accepted after 27 July 2022. All applications in the current pipeline will continue to be processed by Immigration New Zealand.     

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News

Cambodia launches “My Second Home” programme joining the Southeast Asian Golden Visa game

Cambodia has launched a programme to encourage foreign investment that offers a ten-year visa and other benefits to those who invest in the country.

Local media reported that the “Cambodia – My Second Home” programme has been exclusively launched by the Khmer Home Charity Association with full authorization from the Ministry of Interior, with the goal of promoting trade and investment while eliminating unauthorized intermediary companies.

Applicants for the Cambodia My 2nd Home (CM2H) programme will have access to a number of business-friendly measures, such as 10-year visas with no entry or exit restrictions, as well as an option to apply for Cambodian citizenship after five years.

Foreign investors will also benefit from Khmer Home Charity Association membership under the programme, which will grant them access to local insurance coverage and VIP medical treatment, among other advantages.

According to the official website of ‘Cambodia My Second Home’ (CM2H) programme, applicants must be a citizen of a country recognized by the Cambodian government and must have investment capital of not less than US$100,000 in Cambodia.

No language proficiency or academic qualifications are required by those wanting to enter the program.

Investors will receive their CM2H membership number within seven days, while the visa will be processed within 14 days, according to the program website.

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News

USCIS Releases New Form I-526: Direct EB-5 Investor Initial Green Card Application Form

New EB-5 Investor Form I-526 for Standalone or Direct EB-5 Investors is Expanded with New Required Disclosures

On July 12, 2022, U.S. Citizenship and Immigration Services (“USCIS”) released an updated Form I-526, Immigrant Petition by Standalone Investor. This new form replaces Form I-526, Immigrant Petition by Alien Entrepreneur, which had been the prior individual EB-5 investor petition for both regional center and standalone (direct) EB-5 investors. Instructions for the new Form I-526 can be accessed on https://www.uscis.gov/sites/default/files/document/forms/i-526instr.pdf

Form I-526 form has been expanded and can now only be used for EB-5 investors who select standalone (direct) EB-5 investment projects with only a single EB-5 investor. A separate Form I-526E has already been released by USCIS for EB-5 investors who select EB-5 regional center sponsored EB-5 investment projects.

Form I-526 requires additional information about the EB-5 investor since he/she is now involved in the EB-5 program as an owner of the NCE.

Disclosures about the EB-5 investor’s net worth, sources of capital for the EB-5 investment, and a breakdown of all “administrative costs and fees” are now present in Form I-526. The EB-5 investor must also answer questions about prior work authorization and compliance with United States immigration laws.

Overall, the new Form I-526 will require EB-5 immigration attorneys to spend more time gathering information and documents in order to prepare their client’s initial EB-5 investment applications.

Read more: https://www.uscis.gov/newsroom/alerts/uscis-releases-new-forms-for-immigrant-investor-program-0

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Blog

Behring wins suit against USCIS – EB-5 regional centers back in business

The US District Court for the Northern District of California issued a decision today in Behring Regional Center’s lawsuit seeking a preliminary injunction to stop United States Citizenship and Immigration Services (USCIS) from deauthorizing previously designated EB-5 Regional Centers.

“We are relieved to have the courts favor in issuing the preliminary injunction stopping USCIS from canceling EB-5 regional centers,” said Colin Behring, CEO of the Behring Companies.  “The ruling is strong and clear in its language that EB-5 is to continue immediately. Our investors asked us to do everything we could to fix this and our team at Behring and the EB-5 Investment Coalition delivered. This was our third lawsuit with USCIS, and with this ruling, we are heading toward victory on the merits of all of them.”

EB-5 regional centers can continue working immediately, the verdict said

Congress enacted the Reform and Integrity Act in March 2022, reauthorizing and revamping the system that oversees regional centers. The suit alleged that the USCIS wrongly interpreted the Act as deauthorizing the more than 600 previously authorized regional centers and putting an end to their revenue streams. The lawsuit said the agency’s guidance violates the Administrative Procedure Act (APA) and misinterprets the new EB-5 law enacted by Congress.

The court found that the USCIS “violated the APA” and added that it “was almost certainly wrong in assuming that the Integrity Act affirmatively deauthorized existing regional centers, so the agency was almost certainly wrong to announce that the centers are no longer authorized.”

The court has ordered USCIS to not require previously designated regional centers to go through steps to be reauthorized. It also required that the USCIS process new I-526 petition from immigrant investors investing through previously authorized regional centers. The ruling is a big win for the EB-5 industry and investor stakeholders.

“We are so pleased that the court recognized the true congressional intent.  Existing regional centers can now operate and accept new investors,” says Laura Foote Reiff, a partner at Greenberg Traurig LLP, which represents Behring in the lawsuit over the USCIS guidance. “This is a program that should be embraced by the agency and the country as it brings much-needed revenue into the US and helps with job creation.”

Behring regional center wins case against USCIS and clears the way for EB-5 processing

Before issuing his ruling, Judge Vince Chhabria concluded with an analogy, likening Behring and other regional centers to members of a club created by Congress that gave the USCIS the responsibility of admitting members, creating club rules, and club privileges. But with the Integrity Act, Congress made many changes to the club’s structure but failed to specify whether existing members could, like before, remain members. Then the agency removed all existing members, based on what they thought Congress wanted.

“The agency was wrong to act based on that assumption,” Chhabria said. “But it does mean that, for now, the agency must continue treating the existing members as members of the newly revamped club. The motion for a preliminary injunction is granted.”

The lawsuit follows the firm’s 2021 legal victory when a federal judge vacated the EB-5 Modernization Rule that was implemented unlawfully by the Department of Homeland Security in 2019.

“The nationwide injunction decision is huge for the US EB-5 visa program industry and means investors can file immediately, especially for the new fast track categories created by the Reform and Integrity Act signed by President Biden on March 15, 2022,” says Bernard Wolfsdorf an LA-based immigration lawyer. “There will be a frenzy of filings with all the pent-up demand.”

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Canada

Canada experiencing high job demand and shortage in labour market. Now is the perfect time to move to Canada !!

High job vacancies coupled with low unemployment make for a tight labor market in Canada.

Job vacancies in Canada climbed to 957,500 in the first quarter, the highest quarterly number on record according to Statistics Canada.

Read 7 reasons why Canada is meant for you

The number of job vacancies has spiked by more than 72% representing about 401,900 positions compared to the first quarter of 2020. Job vacancies in Q1 2022 surpassed the previous record high numbers recorded in Q4 2021 by nearly 3%, representing 24,900 more vacant positions.

The healthcare and social assistance sector reached another all-time high at 136,800 vacancies. Labor shortages in this sector were high before the pandemic, but COVID-19 pushed up demand even further. Compared with the first quarter of 2020, vacancies rose nearly 91% (65,100 positions) in the first quarter of 2022.

The construction sector is also seeing record-high numbers of vacancies. In Q1, Permanent Residence Canada construction employers were seeking to fill 81,500 vacant positions. Quarter-over-quarter, the construction sector saw an increase of over 7% (5,400 positions) from Q4, 2021.

Job vacancies are continuing on an upward trend in the manufacturing and retail trade sectors. Vacancies in manufacturing peaked at 87,400 last quarter, and retail trade employers were seeking 114,600 jobs.

There was little change in professional, scientific, and technical services. Employers in this sector were looking to fill 68,800 positions, little changed from the record high reached last quarter.

Accommodation and food services had about 133,800 vacant positions in Q1. Despite the large number, it had actually decreased by about 12% from the previous quarter.

On a national level, the unemployment-to-job vacancy ratio was 1.3 in the first quarter, down from 2.2 in the same quarter of 2020. Before the pandemic. This means the pool of unemployed workers has shrunk as job vacancies continue to grow.

The unemployment-to-job vacancy ratio also varied across Canadian provinces. While there was less than one unemployed person for every job vacancy in Quebec and British Columbia, there were almost four unemployed people for every vacancy in Newfoundland and Labrador. A lower ratio indicates a tighter labor market and possible labor shortages.

Canadian employers are facing significant hiring challenges. In the first quarter, there were nearly 34 newly hired employees for every 100 job vacancies. By comparison, in Q1 of last year, there were about 48 new hires for every 100 vacancies and 82 in the first quarter of 2016 when comparable data first became available.

When looking at sectors with high demand, accommodation, and food services employers hired about 23 new employees for every 100 vacancies. Health care and social assistance also hired about 23. Professional, scientific, and technical services employers hired about 50.

According to the Canadian Survey on Business Conditions from January 4 to February 7, recruiting skilled employees was expected to be an obstacle for nearly two-fifths of businesses, and retaining employees was expected to be an obstacle for about 30%.

With the Canada startup visa, you, your spouse, and your children can move to Canada and take advantage of the high labor demand.

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News

Portugal is officially a millionaire hotspot !!

Portugal is among the top ten countries in the world that attracts the most millionaires.

This year, around 88,000 millionaires are expected to move to a new country, with Portugal expected to receive 1,300 new millionaires, putting the country in sixth position in the countries that attract the most millionaires.

Also read 11 Reasons to Move to Portugal in 2022 from India

The ranking is led by the United Arab Emirates, with 4,000 millionaires expected to arrive there by the end of 2022, according to the “Henley Global Citizens Report”, carried out by Henley & Partners.

“The forecast for 2022 reflects an extremely volatile environment around the world. By the end of the year, 88,000 millionaires are expected to have moved to new countries, 22,000 fewer than in 2019, when 110,000 moved.”

The United Arab Emirates — which has become an interesting hotspot among wealthier investors — ranks first on the podium when it comes to millionaire arrivals. The expected arrival of 4,000 millionaires this year represents a 208% boom compared to the flow recorded in 2019 (1,300).

“This influx of millionaires is due, in part, to the country’s adaptable and responsive immigration policies, especially designed to attract private wealth and international talent,” explains the London-based consultant.

The podium is completed with Australia and Singapore, with an expected gain of 3,500 and 2,800 millionaires, respectively, then Israel (2,500), Switzerland (2,200), United States of America (1,500), Portugal (1,300), Greece (1,200), Canada (1,000) and New Zealand (800).

“The richest individuals are extremely mobile, and their movements can provide an early warning signal for future trends in countries. Countries that attract wealthy individuals and families tend to be robust, with low crime rates, competitive tax rates and attractive business opportunities,” explains Andrew Amoils, head of research at New World Wealth.

Despite not appearing in the top ten of the list, Henley & Partners also points out that a large number of millionaires are also expected to move to Malta, Mauritius and Monaco.

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News

Portugal’s Golden Visa is going nowhere. Government rejects ending golden visas.

Parliament has rejected the proposals of the PCP, BE and PAN to end golden visas, as well as the proposal by Chega who called for the enlargement of the regime.

“The way and the time is one of evaluation” about a “successful legal amendment that safeguarded the dimensions that are important in this regime”, said the socialist deputy Pedro Anastácio.

The PS parliamentarian, the party that voted against all these proposals, argued that “the last legal change made to the regime responded adequately to the housing dimension, allowing to safeguard and maintain the regime’s dimension”. For Pedro Anastácio, the changes represent “something that is also important and fundamental for the country, which is the promotion of productive investment, job creation, investment in urban requalification, cultural heritage and in activities of high environmental or social value”, adding that “it is necessary to assess the effects after the introduction of this change” in order to assess whether the desired balance has been achieved.

The deputies only approved a PSD recommendation to the Government for urgent regulation that would allow the operation of the online platform and the submission of online applications for golden visas for real estate purposes in the Autonomous Regions of Madeira, the Azores and interior.

Read The Portugal Golden Visa: All you need to know in 2022.

Online platform

While the debate and voting took place, it was announced by the Portuguese Association of Real Estate Developers and Investors (APPII) that the platform was now operational.

Jornal de Notícias reported last Tuesday that the lack of regulation of the law that changes criteria for the attribution of Residence Permits for Investment, which came into force in January, was preventing the submission of new applications to the golden visa regime.

The following day, the Secretary of State for the Presidency of the Council of Ministers, André Moz Caldas, stated that the law in question did not need to be regulated and could be “directly applicable”. “From my point of view, the law amended in the past is directly applicable and does not require any special regulation”, said the Secretary of State.

This morning, APPII announced that applications for the so-called golden visas were resumed and several new applications for Residence Permits by Investment (ARI) have already been submitted. In a statement, APPII adds that, “after a round with its associates, it confirmed that the platform to insert new ARI of the Foreigners and Borders Service (SEF) is finally operational”.

During the plenary debate, PSD deputy Sara Madruga da Costa defended the “urgency to proceed with the rapid operationalization of the SEF portal” within the scope of the latest changes, adding that “this is an excellent opportunity to put into practice the so often touted territorial cohesion”.

No new changes will be brought in relation to golden visas and the online platform for submissions is now up and running again.

Also read 11 Reasons to Move to Portugal in 2022 from India

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News

Immigrants are suing the U.S. government over delays in citizenship process

A group of immigrants are suing the U.S. government over delays in processing their citizenship applications. The 13 plaintiffs filed a suit against the federal government on Wednesday for what they call unreasonable delays after submitting their naturalization applications in spring 2020.

The suit, filed by the American Immigration Council on behalf of the immigrants, names U.S. Citizenship and Immigration Services (USCIS) as well as the National Archives and Records Administration, which operates underground storage facilities housing immigration paperwork. These mile-long caves beneath Kansas City largely shut down due to the COVID-19 pandemic.

Also read 10 USA Citizenship benefits to you and your family.

The closures meant that thousands of U.S. immigration applications were left languishing underground. Without those papers detailing an applicant’s immigration history, USCIS is unable to approve citizenship applications, leaving scores of immigrants stuck in limbo.

In March, the National Archives fully reopened its underground storage facilities, according to the Wall Street Journal, and there are now 87,500 pending requests for immigration papers, down from 350,000 in January.

Yet USCIS still isn’t prioritizing citizenship applications over other immigration requests, which could mean thousands of would-be citizens won’t be able to vote in the upcoming midterm elections.

“We’re concerned that if they’re not proactive and don’t focus on naturalization applications, they have a risk of harm that no one else does,” Leslie Dellon, staff attorney at the American Immigration Council, told the Wall Street Journal.

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News

USCIS Clarifies Stance on Regional Center Re-Designation for EB-5

On April 29, USCIS hosted a listening session to inform EB-5 Stakeholders of changes to the regional center program and address their issues and concerns related to the EB-5 Reform and Integrity Act. Crucially USCIS clarified at this session that regional centers which existed prior to the program’s lapse of authorization in June 2021 are no longer approved and designated as regional centers. Per the language on USCIS’ website “Entities seeking to be designated as a regional center are required to file Form I-956, Application for Regional Center Designation. The USCIS will be publishing this new form, including the form instructions, with additional information regarding the filing process by May 14, 2022.”

Also read Why Indians are choosing the USA EB-5 Program as their pathway to USA Citizenship.

HOW WILL THIS AFFECT REGIONAL CENTERS AND INVESTORS ?

USCIS’s announcement of this policy comes as somewhat of a surprise, as the text of the EB-5 Reform and Integrity Act does not mention a requirement for existing regional centers to re-designate under the new law. Rather, the policy is based on USCIS’ interpretation of the bill. First and foremost, the policy places existing regional centers in a state of limbo, as they are no longer legally considered regional centers under the EB-5 Reform and Integrity Act. These “entities” as USCIS refers to them, will need to have an approved I-956 to be re-designated as regional centers and continue sponsoring new I-526 petitions in the future. 

This obviously raises issues for investors with an approved I-526 who have yet to receive their EB-5 visa, as their petition is no longer associated with a designated regional center. However, USCIS has announced that investors may still be able to establish eligibility, “by demonstrating compliance with other applicable requirements (primarily investment and job creation, including indirect job creation as provided under the former statute).”  

Most concerning about this policy is how it will affect regional centers who do not apply for re-designation. As per the USCIS announcement, regional centers only need to file I-956 if they wish to support new investor petitions in the future. Additionally, the agency will no longer accept Form I-924A, Annual Certification of Regional Center, from existing regional centers who are not filing for re-designation. This may lead to a situation where USCIS will have little oversight over existing regional centers (with active projects and investors) that choose not to apply for re-designation. 

It seems, USCIS’ decision to deauthorize all existing regional centers and require them to file Form I-956 might have unintended consequences. Rather than allowing the EB-5 Regional Center program to start up again smoothly, the agency has created hurdles for the EB-5 industry after it has already spent nearly a year in limbo waiting for Congress to reauthorize the program. It is noteworthy that the agency’s decision to relinquish its oversight over existing regional centers who do not apply for re-designation runs counter the EB-5 Reform and Integrity act’s goal of ensuring integrity and accountability in the program. Litigation challenging the re-designation policy has already been filed by Behring Regional Center, but it will remain to be seen if USCIS is willing to budge.

Also read Questions and Answers: USA EB-5 Visa frequently Asked Questions !!