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Sizing the reauthorization hurdle

I’ve been overwhelmed with everything that could be written, in this period of unparalleled transition, opportunity, and existential crisis for the EB-5 industry and investors. I’ll start by getting...

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USCIS Policy Manual EB-5 Updates (regulations, reauthorization, indebtedness,...

The USCIS Policy Manual is a fluid online document that gets edited periodically, with and without notice, which is exciting and disconcerting. Being someone who likes to know the rules, I save copies...

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Updates (reauthorization, regulations litigation, FY2021 Q3 processing data)

Reauthorization Update: On Wednesday 8/25 at 12PM EDT, the EB-5 investor organization AIIA will hold a webinar to update stakeholders on efforts for legislation to reauthorize the regional center...

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In-process EB-5 applicants and legislative stakes

For whose sake should Congress act on EB-5 legislation? The discussion tends to focus on the future of the regional center program, and the question of potential and protections for future EB-5...

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The fight for EB-5 legislation continues

What is the path, timeline, and content for regional center program reauthorization legislation? This urgent question should be directed toward advocacy groups and official advisors, not to a business...

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We’re all in this together

This blog focuses on the technicalities of EB-5 for my small audience of industry insiders. Since I do not have a general audience, I do not think very much about messaging. But I realize that in...

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September Updates (USCIS input, RFEs, legislation)

A few updates and resources. USCIS Feedback: This week was the deadline for response to the nice USCIS “EB-5 Question” feedback request. I sent comments, and assisted with the list of questions on...

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I-829 alert for investors from the ’90s

In another nice indication that the Investor Program Office is trying to get EB-5 processing back in order, it has updated the EB-5 page at USCIS.gov with a new “Alert” — this one targeted to people...

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USCIS Website Alert 10/4 Update

The EB-5 page at USCIS.gov has updated its alert regarding policy for processing during the regional center program sunset. I’ve copied below a redline that compares the Alert published on October 4,...

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No news yet on RC program authorization

We remain, so far as I can see, in the position described in my previous posts about reauthorization efforts. As previously discussed, we are waiting for a legislative vehicle to arrive, and for...

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Understanding the Audience: Senator Leahy

The FY2022 Appropriations Act is the nearest-term hope as a vehicle for regional center program authorization, and I hear that all sides are committed to grasping that opportunity. (The appropriations...

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Call for investor stories to support RC program authorization

I do not have definitive news about regional center program reauthorization, but will pass on action items suggested by EB-5 advocates. (Personally, I have decided to celebrate EB-5 legislation as a...

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How and why RC program law affects RC petition processing

I observe confusion about how and why regional center program expiration affects various stages of the EB-5 process. What specifically is the “lapsed statutory authority” that USCIS cites as the reason...

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USCIS website alert update: I-924A

Thank you to Carolyn Lee for noticing that the USCIS EB-5 page was quietly updated yesterday 12/20 to include this paragraph in the alert on regional center program expiration: We will still accept and...

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Looking to 2022

I will start 2022 by attempting a comment on where we are with regional center and direct EB-5, and what should be done Regional Center Situation Regional Center Legislation In 2021, Congressional...

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Looking to March 11, 2022 (legislation and litigation)

The drama of regional center program reauthorization is racing toward the zero hour of March 11, 2022: the date when the FY2022 omnibus appropriations bill is now finally, firmly likely to pass with or...

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EB-5 Reform and Integrity Act of 2022

The EB-5 program faces a second life thanks to the EB-5 Reform and Integrity Act of 2022, which passed the House on Wednesday and the Senate on Thursday night as part of the Consolidated Appropriations...

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Text of EB-5 law enacted as of March 15, 2022

H.R.2471 – Consolidated Appropriations Act, 2022 was enacted on March 15, 2022, and contains the EB-5 Reform and Integrity Act of 2022 in Division BB (PDF page 1022 of the enrolled bill). This means...

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May 2022 Visa Bulletin with Reserve Visas

The May 2022 Visa Bulletin is out, reflecting seismic changes for EB-5. For discussion, I recommend Joseph Barnett and Bernard Wolfsdorf’s article EB-5 Visa Availability for the May 2022 Visa Bulletin...

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4/19 USCIS Engagement!

Welcome to the first EB-5 stakeholder engagement since March 2020! (Only a listening session, but still a good sign!) I look forward to the updates with bated breath. From: U.S. Citizenship and...

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