EB-5 investors are facing unique issues and challenges concerning their futures in the U.S. “Normal” processing times for I-526 have surpassed 45 months, and I-829 processing times are around 40 months. Depending on the investor’s birthplace, phase in the EB-5 process, and if there are dependents’ ages to be considered, there are different options and recommendations. When foreign nationals are facing years of adjudication in a program designed to last 3 to 5 years, it may be time to sue in federal court.

In addition to delays, EB-5 petition denial rates have increased. If an EB-5 petition is denied, it’s not necessarily the end of the road. The Klasko Litigation Team has extensive experience in successfully challenging petition denials in federal court.

In December 2019, the Klasko Litigation Team hosted this live webinar specifically for EB-5 investors and developers. Topics covered were:
Litigation options for processing delays
Litigation options for denials
What to know before filing
The timeline of litigation
Addressing fees and litigation concerns
Success stories

If you’re an EB-5 investor or developer and are ready to take action, this bonus episode is for you.

The attorneys on this podcast/webinar episode are:
Anu Nair (host), anair@klaskolaw.com
Ron Klasko, rklako@klaskolaw.com
Dan Lundy, dlundy@klaskolaw.com

 

EB-5 investors are facing unique issues and challenges concerning their futures in the U.S. &ldquo;Normal&rdquo; processing times for I-526 have surpassed 45 months, and I-829 processing times are around 40 months. Depending on the investor&rsquo;s birthplace, phase in the EB-5 process, and if there are dependents&rsquo; ages to be considered, there are different options and recommendations. When foreign nationals are facing years of adjudication in a program designed to last 3 to 5 years, it may be time to sue in federal court.
In addition to delays, EB-5 petition denial rates have increased. If an EB-5 petition is denied, it&rsquo;s not necessarily the end of the road. The Klasko Litigation Team has extensive experience in successfully challenging petition denials in federal court.
In December 2019, the Klasko Litigation Team hosted this live webinar specifically for EB-5 investors and developers. Topics covered were:
<ul>
<li>Litigation options for processing delays</li>
<li>Litigation options for denials</li>
<li>What to know before filing</li>
<li>The timeline of litigation</li>
<li>Addressing fees and litigation concerns</li>
<li>Success stories</li>
</ul>
If you&rsquo;re an EB-5 investor or developer and are ready to take action, this bonus episode is for you.
The attorneys on this podcast/webinar episode are:
<ul>
<li><a href="https://www.klaskolaw.com/team-member/anusree-nair/">Anu Nair</a> (host), <a href="mailto:anair@klaskolaw.com">anair@klaskolaw.com</a></li>
<li><a href="https://www.klaskolaw.com/team-member/h-ronald-klasko/">Ron Klasko</a>, <a href="mailto:rklako@klaskolaw.com">rklako@klaskolaw.com</a></li>
<li><a href="https://www.klaskolaw.com/team-member/daniel-b-lundy/">Dan Lundy</a>, <a href="mailto:dlundy@klaskolaw.com">dlundy@klaskolaw.com</a></li>
</ul>
&nbsp;

Welcome to Statutes of Liberty: An Immigration Podcast by Klasko Immigration Law Partners. 

The United States is many things: a great melting pot, a nation of immigrants, a land of opportunity. Millions have journeyed here seeking freedom and the chance for a better life. Belief in the American ideal means providing opportunities for everyone, regardless of race or birthplace, to achieve their highest potential. 

Join us as we unravel the ins and outs of American immigration policy, from the issues of today to the historic basis for laws already in place.

Statutes of Liberty

Join Klasko Immigration Law Partners and Anu Nair in this podcast, Statutes of Liberty, as we unravel the ins and outs of American immigration policy, from the issues of today to the historic basis for laws already in place.

EB-5 investors are facing unique issues and challenges concerning their futures in the U.S. “Normal” processing times for I-526 have surpassed 45 months, and I-829 processing times are around 40 months. Depending on the investor’s birthplace, phase in the EB-5 process, and if there are dependents’ ages to be considered, there are different options and recommendations. When foreign nationals are facing years of adjudication in a program designed to last 3 to 5 years, it may be time to sue in federal court.  In addition to delays, EB-5 petition denial rates have increased. If an EB-5 petition is denied, it’s not necessarily the end of the road. The Klasko Litigation Team has extensive experience in successfully challenging petition denials in federal court.

Bonus Episode: Overcoming EB-5 Denials and Delays through Litigation

An EB-1B visa petition can be very intimidating, especially for scholars, professors, and researchers still early in their careers. However, the category’s ambiguous requirements can be used to the benefit of a foreign national early in their career. In this episode, Klasko EB-1 attorneys Anu Nair, Allie Dempsey, and Nigel James discuss how they would advise clients on strengthening their cases for success when applying for an EB-1B Outstanding Researcher or Professor.

Klasko’s distinguished EB-1 team discusses:
What is an EB-1B and who is eligible?
What are the criteria and requirements?
How can professors use their teaching experience?
How can researchers use their experience?
What documents can be used for evidence?
Are there any alternatives to an EB-1B?

The Klasko EB-1 team has extensive experience handling EB-1B petitions for professors, researchers, and scholars. For more information on this topic, read Nigel’s recent blog:
Considerations For Early-Career Scholars and EB-1B Outstanding Researcher/Professor Petitions

Speakers on this episode are:
Anu Nair
Allie Dempsey
Nigel James

Stay connected with us:
Follow us on LinkedIn, X (Twitter), Instagram, and Facebook.
Sign up for newsletter and email updates.

Schedule a consultation here.

An EB-1B visa petition can be very intimidating, especially for scholars, professors, and researchers still early in their careers. However, the category’s ambiguous requirements can be used to the benefit of a foreign national early in their career. In this episode, Klasko EB-1 attorneys Anu Nair, Allie Dempsey, and Nigel James discuss how they would advise clients on strengthening their cases for success when applying for an EB-1B Outstanding Researcher or Professor.
Klasko’s distinguished EB-1 team discusses:
<ul>
<li>What is an EB-1B and who is eligible?</li>
<li>What are the criteria and requirements?</li>
<li>How can professors use their teaching experience?</li>
<li>How can researchers use their experience?</li>
<li>What documents can be used for evidence?</li>
<li>Are there any alternatives to an EB-1B?</li>
</ul>
The Klasko EB-1 team has extensive experience handling EB-1B petitions for professors, researchers, and scholars. For more information on this topic, read Nigel’s recent blog:
<ul>
<li><a href="https://www.klaskolaw.com/eb-1b-early-career-scholars/">Considerations For Early-Career Scholars and EB-1B Outstanding Researcher/Professor Petitions</a></li>
</ul>
Speakers on this episode are:
<ul>
<li><a href="https://www.klaskolaw.com/team/anu-nair/">Anu Nair</a></li>
<li><a href="https://www.klaskolaw.com/team/allie-dempsey/">Allie Dempsey</a></li>
<li><a href="https://www.klaskolaw.com/team/nigel-james/">Nigel James</a></li>
</ul>
Stay connected with us:
<ul>
<li>Follow us on <a href="https://www.linkedin.com/company/klaskoimmigration/">LinkedIn</a>, <a href="https://twitter.com/KlaskoLaw">X (Twitter)</a>, <a href="https://www.instagram.com/klaskoimmigrationlaw/">Instagram</a>, and <a href="https://www.facebook.com/klaskoimmigrationlaw/">Facebook</a>.</li>
<li>Sign up for <a href="https://www.klaskolaw.com/subscribe/">newsletter and email updates</a>.</li>
</ul>
Schedule a consultation <a href="https://www.klaskolaw.com/contact/">here</a>.

An EB-1B visa petition can be very intimidating, especially for scholars, professors, and researchers still early in their careers. However, the category’s ambiguous requirements can be used to the benefit of a foreign national early in their career. In this episode, Klasko EB-1 attorneys Anu Nair, Allie Dempsey, and Nigel James discuss how they would advise clients on strengthening their cases for success when applying for an EB-1B Outstanding Researcher or Professor.  Klasko’s distinguished EB-1 team discusses: •	What is an EB-1B and who is eligible? •	What are the criteria and requirements? •	How can professors use their teaching experience? •	How can researchers use their experience? •	What documents can be used for evidence? •	Are there any alternatives to an EB-1B? The Klasko EB-1 team has extensive experience handling EB-1B petitions for professors, researchers, and scholars. For more information on this topic, read Nigel’s recent blog: •	Considerations For Early-Career Scholars and EB-1B Outstanding Researcher/Professor Petitions Speakers on this episode are: •	Anu Nair •	Allie Dempsey •	Nigel James Stay connected with us: •	Follow us on LinkedIn, X (Twitter), Instagram, and Facebook. •	Sign up for newsletter and email updates. •	Schedule a consultation here.

Episode 32:  EB-1B for Early-Career Scholars

With a large wave of layoffs reported in November 2022, many H-1B visa holders worry about what their next steps should be. In this podcast episode, Anu Nair speaks with partner Bill Stock and senior associate Maria Mihaylova to discuss the potential impact of recent layoffs occurring in the different industries and how they affect H-1B employees.

As concerns rise for H-1B employees, Klasko attorneys address these pressing questions on what you need to know in the case of an H-1B layoff.
How long can an H-1B worker remain in the U.S. once they have been laid off?
What happens if a new H-1B employer is found within the grace period?
Is a change of status an option during the grace period?
If unable to find a new employer within the grace period, what will be the cost of a return trip home?
Are F-1, O-1, or J-1 visas an option to return to the U.S.?
Do you get to keep your priority date if your previous employer filed your I-140 petition?
Can you still get a green card approved if you no longer have a job offer with the I-140 employer?
What are some self-sponsor options for people who are not able to find a petitioning employer?

For more information on this topic, read our latest blog and infographic:
I Have an H-1B Visa and Just Got Laid Off. What Do I Need to Know?

Speakers on this episode are:
Bill Stock
Anu Nair
Maria Mihaylova

Stay connected with us:
Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat
Sign up for newsletter and email updates
Schedule a consultation here.

With a large wave of layoffs reported in November 2022, many H-1B visa holders worry about what their next steps should be. In this podcast episode, Anu Nair speaks with partner Bill Stock and senior associate Maria Mihaylova to discuss the potential impact of recent layoffs occurring in the different industries and how they affect H-1B employees.
As concerns rise for H-1B employees, Klasko attorneys address these pressing questions on <a href="https://www.klaskolaw.com/h-1b-employment/h-1b-layoff-infographic-for-employees/">what you need to know in the case of an H-1B layoff</a>.
<ul>
<li>How long can an H-1B worker remain in the U.S. once they have been laid off?</li>
<li>What happens if a new H-1B employer is found within the grace period?</li>
<li>Is a change of status an option during the grace period?</li>
<li>If unable to find a new employer within the grace period, what will be the cost of a return trip home?</li>
<li>Are F-1, O-1, or J-1 visas an option to return to the U.S.?</li>
<li>Do you get to keep your priority date if your previous employer filed your I-140 petition?</li>
<li>Can you still get a green card approved if you no longer have a job offer with the I-140 employer?</li>
<li>What are some self-sponsor options for people who are not able to find a petitioning employer?</li>
</ul>
For more information on this topic, read our latest blog and infographic:
<ul>
<li><a href="https://www.klaskolaw.com/h-1b-employment/h-1b-layoff-infographic-for-employees/">I Have an H-1B Visa and Just Got Laid Off. What Do I Need to Know?</a></li>
</ul>
Speakers on this episode are:
<ul>
<li><a href="https://www.klaskolaw.com/team-member/william-a-stock/">Bill Stock</a></li>
<li><a href="https://www.klaskolaw.com/team-member/anusree-nair/">Anu Nair</a></li>
<li><a href="https://www.klaskolaw.com/team-member/maria-mihaylova/">Maria Mihaylova</a></li>
</ul>
Stay connected with us:
<ul>
<li>Follow us on <a href="https://www.linkedin.com/company/klaskoimmigration/">LinkedIn</a>, <a href="https://twitter.com/KlaskoLaw">Twitter</a>, <a href="https://www.instagram.com/klaskoimmigrationlaw/">Instagram</a>, <a href="https://www.facebook.com/klaskoimmigrationlaw/">Facebook</a>, and <a href="http://www.klaskolaw.com/chinese-news-events/weibo/">WeChat</a></li>
<li>Sign up for <a href="https://www.klaskolaw.com/contact-us/subscribe-updates/">newsletter and email updates</a></li>
<li>Schedule a consultation <a href="https://www.klaskolaw.com/contact-us/schedule-a-consultation/">here</a>.</li>
</ul>

With a large wave of layoffs reported in November 2022, many H-1B visa holders worry about what their next steps should be. In this podcast episode, Anu Nair speaks with partner Bill Stock and senior associate Maria Mihaylova to discuss the potential impact of recent layoffs occurring in the different industries and how they affect H-1B employees.  As concerns rise for H-1B employees, Klasko attorneys address these pressing questions on what you need to know in the case of an H-1B layoff. •	How long can an H-1B worker remain in the U.S. once they have been laid off?  •	What happens if a new H-1B employer is found within the grace period? •	Is a change of status an option during the grace period? •	If unable to find a new employer within the grace period, what will be the cost of a return trip home? •	Are F-1, O-1, or J-1 visas an option to return to the U.S.? •	Do you get to keep your priority date if your previous employer filed your I-140 petition? •	Can you still get a green card approved if you no longer have a job offer with the I-140 employer? •	What are some self-sponsor options for people who are not able to find a petitioning employer? For more information on this topic, read our latest blog and infographic: •	I Have an H-1B Visa and Just Got Laid Off. What Do I Need to Know? Speakers on this episode are: •	Bill Stock •	Anu Nair •	Maria Mihaylova Stay connected with us: •	Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat •	Sign up for newsletter and email updates •	Schedule a consultation here.

Episode 31: H-1B Layoff Information for Employees

Ron Klasko and Dan Lundy, both partners with Klasko Immigration Law Partners, talk with Anu Nair about a major litigation victory on which they were co-counsel. The litigation is significant because USCIS had put restrictions on the EB-5 regional center program that went beyond what Congress intended when it reinstated the program in March 2022, which would have killed the program for years.

Anu Nair asks Ron Klasko and Dan Lundy to explain the importance and the details of the settlement and what it means for regional centers and investors moving forward:
Why was the litigation necessary to reopen the program?
What are the terms of the litigation settlement?
Are all the regional centers active again?
What is the difference between the forms I-956 and the I-956F?
What documents can investors use now to file their petitions?
What is the likelihood of issues with regional center recertification?
Will there be any deference given to previously approved regional centers and projects?
What happens to investors if their regional centers don’t continue in the program?
What more communication will the EB-5 industry have with USCIS in the future?

Thank you to  our clients, who were plaintiffs in this litigation: EB-5 Capital, CanAm Enterprises, Civitas Capital Group, Golden Gate Global, Pine State Regional Center, and IIUSA. Without their intervention, the EB-5 regional center program would still be inactive today.

Please email us at podcast@klaskolaw.com with any questions you have on this topic.

Speakers on this episode are:
 Ronald Klasko
Daniel B. Lundy
Anu Nair

Stay connected with us:
Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat
Sign up for newsletter and email updates
Schedule a consultation here.

Ron Klasko and Dan Lundy, both partners with Klasko Immigration Law Partners, talk with Anu Nair about a major litigation victory on which they were co-counsel. The litigation is significant because USCIS had put restrictions on the EB-5 regional center program that went beyond what Congress intended when it reinstated the program in March 2022, which would have killed the program for years.
Anu Nair asks Ron Klasko and Dan Lundy to explain the importance and the details of the settlement and what it means for regional centers and investors moving forward:
<ol>
<li>Why was the litigation necessary to reopen the program?</li>
<li>What are the terms of the litigation settlement?</li>
<li>Are all the regional centers active again?</li>
<li>What is the difference between the forms I-956 and the I-956F?</li>
<li>What documents can investors use now to file their petitions?</li>
<li>What is the likelihood of issues with regional center recertification?</li>
<li>Will there be any deference given to previously approved regional centers and projects?</li>
<li>What happens to investors if their regional centers don’t continue in the program?</li>
<li>What more communication will the EB-5 industry have with USCIS in the future?</li>
</ol>
Thank you to  our clients, who were plaintiffs in this litigation: <a href="https://www.eb5capital.com/">EB-5 Capital</a>, <a href="https://www.canamenterprises.com/">CanAm Enterprises</a>, <a href="https://www.civitascapital.com/">Civitas Capital Group</a>, <a href="https://www.3gfund.com/">Golden Gate Global</a>, <a href="https://pinestateregionalcenter.com/">Pine State Regional Center</a>, and <a href="https://iiusa.org/">IIUSA</a>. Without their intervention, the EB-5 regional center program would still be inactive today.
Please email us at <a href="mailto:podcast@klaskolaw.com">podcast@klaskolaw.com</a> with any questions you have on this topic.
Speakers on this episode are:
<ul>
<li><a href="https://www.klaskolaw.com/team-member/h-ronald-klasko/"> Ronald Klasko</a></li>
<li><a href="https://www.klaskolaw.com/team-member/daniel-b-lundy/">Daniel B. Lundy</a></li>
<li><a href="https://www.klaskolaw.com/team-member/anusree-nair/">Anu Nair</a></li>
</ul>
Stay connected with us:
<ul>
<li>Follow us on <a href="https://www.linkedin.com/company/klaskoimmigration/">LinkedIn</a>, <a href="https://twitter.com/KlaskoLaw">Twitter</a>, <a href="https://www.instagram.com/klaskoimmigrationlaw/">Instagram</a>, <a href="https://www.facebook.com/klaskoimmigrationlaw/">Facebook</a>, and <a href="http://www.klaskolaw.com/chinese-news-events/weibo/">WeChat</a></li>
<li>Sign up for <a href="https://www.klaskolaw.com/contact-us/subscribe-updates/">newsletter and email updates</a></li>
<li>Schedule a consultation <a href="https://www.klaskolaw.com/contact-us/schedule-a-consultation/">here</a>.</li>
</ul>

Ron Klasko and Dan Lundy, both partners with Klasko Immigration Law Partners, talk with Anu Nair about a major litigation victory on which they were co-counsel. The litigation is significant because USCIS had put restrictions on the EB-5 regional center program that went beyond what Congress intended when it reinstated the program in March 2022, which would have killed the program for years.  Anu Nair asks Ron Klasko and Dan Lundy to explain the importance and the details of the settlement and what it means for regional centers and investors moving forward:  1.	Why was the litigation necessary to reopen the program? 2.	What are the terms of the litigation settlement? 3.	Are all the regional centers active again? 4.	What is the difference between the forms I-956 and the I-956F? 5.	What documents can investors use now to file their petitions? 6.	What is the likelihood of issues with regional center recertification? 7.	Will there be any deference given to previously approved regional centers and projects? 8.	What happens to investors if their regional centers don’t continue in the program? 9.	What more communication will the EB-5 industry have with USCIS in the future? Thank you to  our clients, who were plaintiffs in this litigation: EB-5 Capital, CanAm Enterprises, Civitas Capital Group, Golden Gate Global, Pine State Regional Center, and IIUSA. Without their intervention, the EB-5 regional center program would still be inactive today.  Please email us at podcast@klaskolaw.com with any questions you have on this topic. Speakers on this episode are: •	H. Ronald Klasko •	Daniel B. Lundy •	Anu Nair Stay connected with us: •	Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat •	Sign up for newsletter and email updates •	Schedule a consultation here.

Bonus Episode: Overcoming EB-5 Denials and Delays through Litigation

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