2011/06/30 -- EB-5 Stakeholders Teleconference Only


Here are presentation material, agenda list and advance Q & A list all provided by USCIS. Note that some of Q & As are inscrutable at best. It's a pity that USCiS does not make it easy on CSC examiners and the EB-5 community by providing clear responses. I know some EB-5 practitioners do not even listen to these teleconferences because they find them not very useful and even more confusing, and I can't say I disagree with them.

http://eb-5center.com/files/June%20EB-5%20presentation%20063011.pdf

Regarding the statistical info on the presentation material provided by USCIS, the info may be very misleading because USCIS might be including dependents in the data, but it is absolutely illogical to include dependents in I-526 and I-829 data.

http://eb-5center.com/files/EB-5%20Agenda%20063011.pdf

http://eb-5center.com/files/EB-5%20June%202011%20Stakeholder%20Meeting%2...

Regarding the Qs and As material, there are some answers which are incorrect and misleading. I am not sure USCIS really understood the questions.

1. Escrow Accounts: EB-5 fund held in escrow until I-526 or IV approval permissible if otherwise EB-5 compliant

2. Timeframe to Examine Lawful Source of Investor Funds

3. Documentation of Commingled Funds

4. Uses of Capital

5. Diversification

6. Evidence of Capital “At Risk” for I-526

7. Project Size Requirement

8. Regional Center – Set Up and Ownership by an Alien Investor

9. Supporting Documents for a Regional Center Pilot Program I-526 Petition

10. Crediting Indirect Positions created prior to Regional Center approval

11. EB-5 Basic or Direct Petitions

12. Documentation for I-829 to Prove Indirect Jobs Using Expenditure Model

13. Adjudicator Training – Burden of Proof

14. Clarification on Amount of Capital needed for TEA

15. Credit for All Jobs Saved or Created

16. Maintaining Jobs Created by EB-5 Investment During Period as Conditional
Permanent Resident (CPR) [Note that USCIS' answer is weird and totally inconsistent with the EB-5 law and what they said in the past.]

17. Counting Jobs held by Members of Indian Tribes

18. December 2009 Neufeld Memo

19. Job Creation – 2 ½ Year Rule

20. Economic Analyses

21. Definition of Direct Jobs in Both EB-5 Basic and RC Program

22. Interest Paid on EB-5 Loan

23. Direct Jobs and Leased Space

24. Counting Indirect/Inducted Jobs Derived from Construction vs. Direct Construction Jobs

25. Property Development Financed by RC