2015/04/22 -- USCIS Stakeholders Teleconference

Prepared remarks by IPO Chief:


Prepared remarks by IPO Deputy Chief:


Of note: "Accordingly, we’d like to caution our stakeholders against submitting documents thatcontain any provisions that would restrict use of the funds for EB-5 investment."

My notes:

Nicolas Corlucci, Chief:

121 staff is the goal. Currently, around 60 adjudicators and 20+ economists.

For the first time, adjudication is exceeding receipts, meaning additional delay should not take place.

As of end of Feb 2014: 14 months for I-526s and 12 months for I-829s. Not acceptable obviously.

USCIS more vigilant in terminating inactive RCs.

May 1st 2013 is the visa cut-off date for Chinese cases. USCIS drafting a memo to address this issue

Julia Harrison, Deputy Chief:

Loan proceeds of qualifying capital: May qualify provided as long as the definition of indebtedness as set forth in the regulation is satisfied. Must demonstrate personally and primary responsibility and secured by assets of petitioner to secure the loan. Restrictions on loans by Borrower: Loan agreements should not contain restrictions.

June 4th 2015 will be next interactive engagement talking with economists.


Q & As session for questions received in advance and live questions:

SEC investigation status? USCIS cannot comment on SEC stuff.

USCIS cannot dictate to states regarding TEA. Regs provide parameters. USCIS will defer to state's designation on high unemployment areas designation.

I-485 can be submitted if visa number is available at the date of submission. If I-485 submitted BEFORE visa number becomes unavailable, then they will be HELD by other USCIS offices. IPO does not adjudicate I-485s.

Loan proceeds: Capital means cash according to regs. But USCIS is NOT going to reconsider its position no matter what.

AAO's appellate independence questioned: IPO and AAO collaboration? They do collaborate because they both fall under USCIS.

Unqualified loan? Any time there is a loan, Julia Harrison's explanation will apply.

14 months does not seem to be accurate. What is the method to find out if 14 months passed? IPO focusing on what cases are outside the stated processing times. Only forum for debates is when a new policy is proposed by USCIS. When USCIS is clarifying existing policy, no debate allowed during stakeholders calls.

Generally, EB-5 take-out should have been contemplated, but as long as the initial financing was contemplated as temporary, then take-out EB-5 is allowed.

Capital sustaining when retrogression? One of the issues being looked at by Policy Memo, so it will be addressed.

Can Operating Agr be changed in light of the Chinese retrogression? This will be one of the issues in the upcoming Policy Memo.

Does "acquire to seek IV or green card" need to take place BEFORE the cut-off date or within 12 months period AFTER the cut-off date? Dept of State and CSC should address this question, not IPO.

USCIS' interpretation on indebtedness applies to 3rd party lenders? USCIS will stick to its position that it does.

If a borrower obtains a loan, does the specific asset have to be explained to make sure it's sufficient? Yes, specific asset that is used as a collateral, i.e., appraisal value, etc.

Are I-526s held up until I-924 exemplar is adjudicated? Trying to improve processing times. How far does the project have to be to be "shovel ready"? Depends on the project, but if construction project, permit, contractors engaged. Each industry standard would have to be examined.

How long far back lawful source of a real property need to be traced? Every examiner looks at things differently.