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Investors And Entrepreneurs: Immigration Options

by Lincoln Stone, et al.

Citations for ILW.COM's Seminar
Investors And Entrepreneurs: Immigration Options

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From Karen Weinstock

O-1 regs at 8 CFR 214.2(o)(3)(iii)

NIW for exceptional ability at 8 CFR 204.5(k), 8 CFR 204.5(k)(3).

Schedule A Group II: 20 CFR 656.5(b).

NYSDOT: Matter of New York State Dept of Transportation, 22 I&N Dec. 3363 (BIA 1998)

From Amy Cococcia

US v. Spring & Soon Fashion, Inc. (8 OCAHO 1003) - The relevant section regarding successor liability begins on page 23.

Two legacy USCIS memos that set forth the appropriate status documents under AC-21's H-1B portability provisions:

  • Michael Pearson, USDOJ Memo, Interim Guidance for Processing H-1B Applicants for Admission as Affected by the American Competitiveness in the Twenty-first Century Act of 2000 (see here)
  • Michael Pearson, Initial Guidance for Processing H-1B Petitions as Affected by the "American Competitiveness in the Twenty-First Century Act" (see here)

From Marielena Hincapie

American Federation of Labor, et al. v. Michael Chertoff, No. C 07-04472 CRB (US District Court Northern California) (see here)

From Carolyn S. Lee

INA Section 203(b)(5)

8 CFR 204.6(j)(3) - source of funds

8 CFR 204.6(j)(4); 8 CFR 204.6(3) - job creation

Matter of Ho, 22 I&N Dec. 206 (ACE 1998) - business plan requirements

From Lincoln Stone

8 CFR 216.6 et seq

Currently "Active" EB-5 Regional Centers (As of October 2007)

From Carolyn Lee

Matter of Soffici, 22 I&N Dec. 158 (ACE 1998)

Matter of Izummi, 22 I&N Dec. 169 (ACE 1998)

Matter of Hsiung, 22 I&N Dec. 201 (ACE 1998)

Matter of Ho, 22 I&N Dec. 206 (ACE 1998)

Chang v. United States, 327 F.3d 911 (9th Cir. 2003)

From Linda W. Lau

Web site addresses that might be useful in handling EB-5 cases:

  • For the national average, go to the website of the Bureau of Labor Statistics of the U.S. Department of Labor:
  • For regional rates by census tract, go to your state workforce agency's website for statistics. In California, the web address to search for unemployment rates is
  • In California, the California Labor and Workforce Development Agency is the agency authorized to designate high unemployment areas. In May 2007 announced the areas that qualify as targeted employment areas in California in its May 2007 publication titled "Federal Investor Visa Program. This document is available at
  • To determine whether an area qualifies for the $500,000 investment option based on being a "rural area" (any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more, based on the most recent decennial census of the United States):
  • Contact information for EB-5 business plan writer whom we use: Nelson Lopez of Infinite Enterprises: (626) 823-4733. The company's web address is

Letter from Linda Lau to seminar session attendees (Excerpt: "I would like to mention the topic of "alternatives to EB-5 [...]. I believe that as practitioners servicing investor clients, it is helpful to be aware of immigrant investor options outside the U.S.")

About The Author

Lincoln Stone are the speakers for the Investors And Entrepreneurs: Immigration Options. To purchase an audio CD of all 3 sessions, see here.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.