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Channel: EB-5 Law & Policy – EB-5 Updates
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Reauthorization by CR

The Regional Center program is currently authorized through September 30, 2019 as part of 2019 appropriations. We depend on Congress to pass a 2020 appropriations bill that continues to carry regional...

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Reauthorization, Country Caps, S.2540, Visa Bulletin

Since last writing, Congress gave the regional center program another short authorization, the Fairness for High-skilled Immigrants Act almost passed the Senate, Senators Grassley and Leahy introduced...

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Conference Rumors (partial investment, visa wait times)

I heard IPO Chief Sarah Kendall and Department of State Visa Control Office Chief Charles Oppenheim speak last week at the IIUSA conference in Seattle.  I’ll blog in detail about these talks and other...

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11/6 USCIS Policy Manual Update

The USCIS Policy Manual has been updated as of today with some edits to the EB-5 section in Volume 6 Part G,  and Adjustment of Status section in Volume 7 Part A. As usual, I saved the revised EB-5...

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EB-5 Legislation? (S.2778, S.2540)

Since 2015, when the last three-year regional center program authorization expired, there’s been much effort to get EB-5 legislation passed. At minimum, we need Congress to put the regional center...

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11/21 Welcome to the New EB-5

The EB-5 Modernization Regulation takes effect today, November 21, 2019. As a reminder, the USCIS EB-5 Page summarizes what’s new, the full text of the final rule gives all the detail and background of...

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Targeted Employment Areas from November 21

The EB-5 Immigrant Investor Program Modernization Regulation Final Rule took effect on November 21, 2019, and  changed USCIS Policy for Targeted Employment Area (TEA) definitions and process.  Rather...

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EB-5 form filing fees

We have opportunity to review and comment on the U.S. Citizenship and Immigration Services Fee Schedule. The proposed rule was published on 11/14/2019, and comments are due by 12/16/2019. The proposed...

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Questions for USCIS about the Visa Availability Approach

On March 13, USCIS will hold a public engagement to discuss and field questions about its recent announcement that “USCIS Adjusts Process for Managing EB-5 Visa Petition Inventory.” Here are my...

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3/13 meeting preview; I-526 processing context

On Friday 3/13, USCIS will hold a meeting (now by teleconference only) that promises to “address program updates, including the agency’s change from a first-in, first-out case-processing approach to a...

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Report from 3/13 USCIS Engagement on Visa Availability Approach

The March 13 EB-5 Immigrant Investor Program: Public Engagement provided a few program updates, and discussed the new visa availability approach to I-526 processing. IPO Chief Sarah Kendall mainly...

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EB-5 updates and resources under COVID-19 (updated)

As the war against COVID-19 heats up around the world, EB-5 work continues, but with some changes. A few notes on developments over the past two weeks: USCIS continues to operate despite COVID-19, with...

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Policy Manual Update — Redeployment

Today, the USCIS Policy Manual was updated with new policy regarding deployment and redeployment of EB-5 investor capital. Here is a link to the Policy Alert on Clarifying Guidance for Deployment of...

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USCIS website Q&A on redeployment

USCIS has updated its website with a new page for Questions and Answers: EB-5 Further Deployment. USCIS did not the announce that the page exists. I just happened to find it because I’m vigilant. The...

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USCIS Funding, Furloughs, and Fee Rule

I pause for a moment to thank all USCIS employees who are at work today. Though I may criticize your results, the very fact of working deserves credit. We appreciate you acting as civil servants,...

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Policy Manual comment: Redeployment and regional center geography

We’re approaching the last chance to submit comments on the USCIS Policy Manual update on July 24 with “Clarifying Guidance for Deployment of Capital in Employment-Based Fifth Preference (EB-5)...

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Redeployment policy comment: retroactivity

UPDATE: IIUSA and AILA ended up collaborating to submit a very good 30-page comment on USCIS’s Redeployment Policy Manual Update. I recommend their analysis, and hope that USCIS will read it carefully....

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Supporting Mandamus and APA actions

EB-5 investors facing excessive processing delay have the option to sue USCIS. They can bring claims under the Administrative Procedures Act, which permits federal courts to compel agency action...

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Regional center program authorization and USCIS stabilization

Today begins Fiscal Year 2021. The good news is that the government remains funded and the regional center program remains authorized at least until December 11, 2020 thanks to the H.R.8337 –...

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Source of all invested capital

From: Suzanne Lazicki Sent: October 8, 2020 7:04 PM To: ‘public.engagement@uscis.dhs.gov’ Subject: EB-5 Question Dear IPO, This email asks a single important question in response to the EB-5 Call for...

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