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[HOT] [Q] What are some complaints of how USCIS administers or adjudicates EB-5 cases?


Most criticisms seem to echo the following:

1. CSC seems to be applying a stricter standard than the "preponderance of evidence" standard (more likely than not) to adjudicate EB-5 petitions.

2. CSC does not seem to appreciate or understand the broader meanings behind the four precedent AAO cases. For example, Matter of Ho requirement for a business plan specifically states that a business plan will vary according to the type of business or industry, and many aspects of the business plan described is applicable to a small non-regional center business.

3. USCIS policies governing new issues that come up seems to treat past cases unfairly and retroactively. USCIS' setting new policies to deal with prospective cases is fine, but USCIS should deal in a fair manner with past cases which were adversely impacted by USCIS' new policies.

4. There seems to be no forum to discuss changes that are needed to improve the EB-5 Program and how to implement these changes.

5. Adjudications by CSC examiners seem to be very inconsistent in that some of petitions in the same project with exactly the same facts will be approved by one examiner but then later will denied by another examiner.

6. Many EB-5 practitioners feel that CSC Processing Times for EB-5 cases are not helpful and misleading because the processing times listed reflect the times it take for the case to reach the examiner's desk, not the actual processing times.