[HOT] The most urgent goal of USCIS for the EB-5 Program should be . . .

One single goal of USCIS for the EB-5 Program should be issuing clear guidances on many outstanding EB-5 issues and enforcing them consistently. There are still too many outstanding EB-5 issues, even though the EB-5 Program has been "revived" around 2003. EB-5 practitioners will tell you there are too many inconsistent decisions for the EB-5 Program to be relied upon by business persons.

Few examples of inconsistent decisions:

1. Even though the EB-5 project has been pre-approved by CSC via an amendment procedure by paying a hefty fee, CSC often will issue RFEs asking project-related questions even though there has been no material changes from the time of the pre-approval and/or fraud or misrepresentation.

2. Some CSC examiners still appear to not understand that indirect/induced constructions jobs can count for EB-5 purposes regardless of the duration of these jobs, and that only direct construction jobs need be shown to last 2 years or longer.

3. Where it can be reasonably argued that the EB-5 project falls within two industry areas, USCIS appears to be engaging in making a judgment that one industry is more reasonable than the other.

Most of the outstanding issues are the consequences of the prevalent attitude within the USCIS officers that "we cannot allow certain actions unless there are specific provisions allowing such actions", when one can easily argue that "actions should be allowed unless there is a specific provisions prohibiting such actions". Rather than taking this kind of misguided approach, USCIS should and must ask itself what is a more reasonable position or policy in light of the real world commercial and business practices?