You are hereFrequently Asked Questions / EB-5 Law & Related U.S. Law / [Q] Are USCIS or CSC representatives' oral or written answers at EB-5 stakeholders meetings deemed to be "official" USCIS positions?
[Q] Are USCIS or CSC representatives' oral or written answers at EB-5 stakeholders meetings deemed to be "official" USCIS positions?
Not really. This is why sometimes you will see USCIS or CSC disavow any answers provided at these EB-5 stakeholders meetings. If you look at any presentations prepared by USCIS or CSC, it reads:
This presentation is intended to provide a guide for discussion at the stakeholders’ meeting and to explain current USCIS policy and practice. It is not intended to be an official statement of USCIS policy, and does not supersede any existing statutes, regulations, or policy memoranda. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in any way.
Basically, the presentation and answers provided at EB-5 stakeholders meetings is supposed to explain how USCIS stands on certain issues, but the problem is, as expressed by many EB-5 practitioners and regional centers, often, the expressed positions stated in these EB-5 stakeholders meetings are not reflected in CSC examiners' decisions or RFEs. This is why many EB-5 practitioners feel that actual CSC examiners who decide EB-5 cases should be present and express their interpretations.