2011/09/14 -- Teleconference with USCIS Director Mayorkas

During the teleconference, Director Mayorkas stated that he knows that USCIS has to confirm following issues:

1. Whether USCIS will give a due deference to states' designation of TEA certification. Many EB-5 practitioners' position is that the EB-5 law is pretty clear on this issue.

2. Whether USCIS should honor project pre-approvals issued by USCIS and where no changes have occurred with I-526 submissions. Many EB-5 practitioners believed that if I-526s submitted with pre-approvals are questioned again on project related issues, there is no purpose or reason for the pre-approval process.

3. Whether a NCE is responsible for job-creation, not individual investor. Regs are also clear on this issue.

4. Whether Dec. 11, 2009 Neufeld Memo revision is coming out, especially regarding allowing I-526 amendment rather than 2nd, new I-526 filing.

Although Director Mayorkas has stated several times that these issues will be decided soon, nothing has been decided for very long time, making many EB-5 practitioners to wonder "what is going on?"