[HOT] I sympathize with USCIS . . . sometimes


I really do. And here are the reasons why I do.

1. USCIS has to provide answers to every EB-5 question, but this is not possible because the EB-5 law (statutes and regulations) itself is in conflict or unclear on many issues.

2. I personally believe that it is not possible for CSC examiners to learn important subtle points of EB-5 law and how the EB-5 law relates to actual commercial projects and commercial law in 6 months or even 2 years. There are certain issues that become clear only when you think from a perspectives of a business man. For example, there was no way you can find investors at the inception date of a new commercial enterprise, so after many years, USCIS finally realized this and did away with the "establishment clause" requirement some time ago, without which change the current EB-5 RC Program would not be feasible.

This is all the more reason why USCIS, regional centers, EB-5 attorneys and EB-5 investors have to work together in a cooperative manner to find most reasonable and practical solutions or policies and administer them in a fair manner. This is another reason why USCIS examiners often cannot look to EB-5 statutes and regulations for clear guidance. This is why USCIS HQ people governing the EB-5 Program must set clear policies which are consistent with the standard business practices of industries and reflect the real business practices. Otherwise, the EB-5 Program will always be an ideal Program that never worked out.

In essence, the EB-5 statutes and regulations should be interpreted in a manner that makes business sense and serves the underlying purpose of the EB-5 Program which is to create jobs. Also, such positions and policies should be administered in a fair manner, which means it should be communicated clearly, and they should not be applied retroactively per 9th Circuit Chang case, which was the real holding of this case.

In this time of economic crisis, we need to pull together our brains and know-how and start cooperating. This is one of the reasons why Steve Jobs is widely admired -- because he got people and companies to work together in an inspired way for a common objective. I for one think he would have made a great President of the United States. Of course, it would have meant that he would had to give up his priviate companies ownership or affiliation.