Website design By BotEap.comAs the first quarter of 2017 draws to a close, it is clear that 2017 continues to offer opportunities for companies to expand into the US market, transfer foreign employees to a US branch, and the opportunity for foreign investors to obtain green cards through through qualified capital investment. However, many people are wondering what changes are coming to US business immigration law, and whether the new presidential administration will affect your ability to travel to the United States for work or pleasure.

Website design By BotEap.comRegardless of any potential changes in US immigration law as a result of the Trump presidency, the United States remains a safe place to invest and grow a business. Since the election, interest in visa programs such as the E2 Treaty Investor Visa and the EB5 Immigrant Investor Visa continue to increase. This may be due in part to the fact that Trump’s immigration rhetoric did not extend to these visa categories. Since the election, however, Trump has even backed off his hardline stance on the H1B specialty occupation visa category.

Website design By BotEap.comWhile the fate of undocumented aliens in the country remains uncertain, business immigration from the US is likely to continue to be popular and help drive the US economy. Additionally, any significant changes in immigration policy of the USA will have to be approved by Congress. A sitting president can only do so much by using executive orders.

Website design By BotEap.comSome potential clients have raised concerns that a Trump presidency will lead to the dissolution of popular business immigration categories like the E2 Treaty investor visa. Fortunately, this is unlikely. Many of the E2 Treaty countries have had the relevant treaty with the United States for decades. Some, like the UK, have been around for hundreds of years. The Treaty of Commerce and Navigation between the United Kingdom and the United States has been in effect since the reign of George III in 1815. The United States can only withdraw from a ratified treaty in accordance with the terms of the agreement. Furthermore, for Trump to withdraw unilaterally would be highly unpopular with E2 treaty countries, the American public, and American citizens who enjoy the same advantages of starting a business abroad in a reciprocal E2 treaty country.

Website design By BotEap.comImmigrant entrepreneurs and investors were rarely mentioned during the campaign (if at all), and it was even revealed that President-elect Trump’s son-in-law used funds from EB5 investors for one of his real estate development projects. In fact, the recent extension of the EB5 Immigrant Investor Visa Program has made it even more attractive to foreign investors seeking to permanently immigrate to the United States.

Website design By BotEap.comThe EB5 Regional Center investment was due December 9, 2016. As in the past, the program was temporarily funded and extended through April 28, 2017, with no change to the minimum investment amount or requirements. What makes this extension unique is that it will likely be the last before Congress raises the minimum capital contribution, something that has been under discussion for the past several years. This ‘as is’ temporary extension allows investors to submit their EB5 applications during the first four months of 2017 with a reduced investment amount of $500,000 USD for projects located in Targeted Employment Areas (TEAs). This is certainly a welcome relief for any investor who was unable to organize their requests before the December 9, 2016 deadline.

Website design By BotEap.comIn conjunction with the extension of the EB5 Program, USCIS will significantly increase its filing fees for the I-526 Petition and I-924 Application for Regional Center Designation, effective December 23, 2016. Currently, the filing fee to file an EB5 Petition is $1,500 USD. As of December 23, that fee increases to $3,675 USD, an increase of $2,175 USD. Perhaps the most significant EB5 fee increase is for business people seeking to establish a USCIS-approved Regional Center. That fee, currently $6,230, jumps to $17,795, an increase of 186%.

Website design By BotEap.comRegional Centers must also file an annual certification to maintain their designation with USCIS. There is currently no fee for this process, but a fee of $3,035 USD will be introduced along with the other USCIS fee changes. The large increase in filing fees for Regional Center Designation is intended to prevent EB5 fraud by limiting applications to serious businesses with the means to support large EB5 projects. 2017 is likely to see a decrease in I-924 applications due to the large fee.

Website design By BotEap.comThe pending USCIS fee increases will affect other US business immigration categories along with the EB5 visa. The I-129 form, used to process L and H1B visas, among others, will increase to $460 USD. Sponsoring a foreign worker to obtain a green card through form I-140 will increase to $700 USD. These fee increases, while significantly less than the EB5 fee, may deter smaller US businesses from sponsoring foreign workers in nonimmigrant or immigrant status.

Website design By BotEap.comDespite tariff increases and a new US president, the outlook for business immigration in 2017 looks promising. Businesses are still expanding in the United States and the need for specialized foreign employees remains high. The extension of the EB5 Immigrant Investor Visa Program will continue to make the United States a profitable option for immigrant investors seeking permanent resident status.