Policy updates (RFEs, geographic area), visa timing, RC list updates
New RFE and NOID Policy Today is the effective date for the new USCIS policy memorandum on issuance of RFEs and NOIDs. Basically, the memo expands an adjudicator’s discretion to simply deny a petition,...
View ArticleI-924 exemplar appeal sustained (reserves, material change)
I read and log all Administrative Appeals Office decisions on EB-5 appeals, in an effort to keep up with EB-5 adjudication trends and be more than just another business plan writer with an English...
View ArticleRC program authorization (12/7/2018)
FY2018 is ending with a Continuing Resolution that defers the deadline for unmade decisions about government funding and programs, including the regional center program, to December 7, 2018. (The...
View ArticleRegulations update (Fall 2018)
The Fall 2018 OMB Unified Agenda has been published with updated timetables for two EB-5 regulations in progress, and notice of a third EB-5 regulation to come. RIN1615-AC07 EB-5 Immigrant Investor...
View ArticlePM Update (redemption agreements, debt arrangements)
USCIS has updated the USCIS Policy Manual immigrant investor section with a new subsection titled “Redemption Language” that clarifies policy on debt arrangements. This new language follows up on a...
View ArticleApproaching December 7
Washington has a deadline of December 7, 2018 to fully fund the government for FY2019, and to reauthorize programs (including the EB-5 regional center program) previously authorized by appropriations...
View ArticleUpdates (reauthorization, indebtedness, visa numbers, litigation)
Reauthorization It remains to be seen whether our elected representatives decide they gain more from running the government past December 21, or from grandstanding over a shutdown. Just in case there’s...
View ArticleApproaching Feb 15
The regional center program authorization granted in 2018 is now active again, with another continuing resolution that extends previous funding and authorities for a few more weeks — through February...
View ArticleUpdates (reauthorization, visa cap, redeployment, AAO decisions)
Reauthorization There seems to be optimism that Congress and President Trump will agree before February 15 on a deal to fund the government for 2019. I assume and trust that the deal, when unveiled,...
View ArticleEB-5 Modernization Regulation Advances
The Office of Management and Budget List of Regulatory Actions Currently Under Review shows that the EB-5 Modernization Regulation advanced on Friday to the OMB Review stage. OMB Review is the last...
View ArticleFAQ for potential regulatory changes and visa bulletin updates
Nothing is changing at the moment. The EB-5 modernization regulation is still pending review at OMB, the Visa Bulletin is still current for India and moving forward for China and India, IPO remains...
View ArticleUpdates (Redeployment, Material Change, India Retrogression, I-526 processing...
Redeployment Last year IPO asked industry stakeholders to offer suggestions regarding redeployment. IIUSA has now followed up with a Memo to USCIS on Redeployment Policy. The memo points out again why...
View ArticleEB-5 Reform, Immigration Reform
Today, IIUSA and others published a letter to the Senate and House Judiciary Committees laying out “consensus reform concepts” recommended for new EB-5 legislation. I’m heartened to see effort toward...
View ArticleTEA set-aside proposal
This post examines the visa set-aside proposal in the industry’s most recent Letter to Judiciary Committees in Joint Support of Reform and Reauthorization of EB-5 Program. Here’s the recommendation in...
View ArticleRegulations Update (Spring 2019)
The Spring 2019 OMB Unified Agenda has been published with updated timetables for three EB-5 regulations in progress. RIN1615-AC07 EB-5 Immigrant Investor Program Modernization, with proposed changes...
View ArticleEB-5 reg nears publication
On June 27, 2019, the regulation for EB-5 Immigrant Investor Program Modernization (RIN: 1615-AC07) completed OMB review (Step 8 in the rulemaking process). This advances the rule toward the final...
View ArticleCountry cap discussion (H.R.1044, S.386, S.2091)
— UPDATES — 7/11: Rand Paul, one of the Senators responsible for blocking S.386 in the Senate, is introducing a country caps proposal of his own in S.2091 Backlog Elimination, Legal Immigration, and...
View ArticleEB-5 Regulation Published
The EB-5 Immigrant Investor Program Modernization Regulation (RIN 1615-AC07) has been published today in the Federal Register as a Final Rule. The final rule is effective in 120 days, on November 21,...
View ArticlePriority date retention and redeployment, with flow chart
Among other changes, the new final rule for EB-5 Immigrant Investor Program Modernization “provides priority date retention to certain EB-5 investors.” This post (1) discusses context for this change,...
View ArticleAugust Updates (IPO Processing, Terminations, Marketing, Regs & Legislation,...
USCIS Investor Program Office Updates: There’s evidence of increased activity at IPO. Processing Times: The report on the USCIS Processing Time page improved this week for all EB-5 forms, with the...
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