[HOT] Don't move the goal posts after the ball has been kicked!


I like to keep things simple, mostly because the simplicity makes it easy for me to understand concepts and take necessary actions based on my understanding. Many EB-5 practitioners also believe that USCIS should do the same and keep the EB-5 Program simple, because many aspects of the EB-5 Program has now become so complex that no one, including even some of the most experienced EB-5 attorneys, do not understand many of the issues of the EB-5 law or Program. Simplicity leads to predictability, and the predictability leads to less lawsuits and a greater trust. This means USCIS cannot and should not move the goal posts especially AFTER the ball has been kicked.

Let me explain as simply as I can by comparing the EB-5 Program (or EB-5 game) to a soccer game. In this analogy, the referee is USCIS/CSC; FIFA is the USCIS Headquarters; the players and audiences are RC operators, EB-5 attorneys, EB-5 investors and other professionals. Imagine the chaos that would result if the referee moves the goal posts AFTER the ball has been kicked. No one would want to play or watch soccer game, except for gamblers. However, that's exactly what USCIS unwittingly (I hope USCIS doesn't do this intentionally!) often ends up doing by shifting EB-5 policies (or their interpretations of EB-5 law or what they think is the "reasonable" economic methodology) after the EB-5 project has been launched or after a great deal of time and effort to launch an EB-5 project has been expended.

USCIS should use its regularly held EB-5 teleconferences to give an advance warning to the EB-5 community of its contemplated changes and make a clear announcement to the EB-5 community that after so and so date, such and such policy will become effective. This advance warning would give the EB-5 players sufficient time to prepare and alter their activities to comply with the altered EB-5 policies. Otherwise, everyone ends up wasting time, EB-5 projects go under, resulting in many discontented EB-5 investors and lawsuits.

If this retroactive shifting of the goal posts continues, the EB-5 Program might as well be changed to a very simple program similar to the Canadian Investor Immigrant Program: EB-5 investors would provide 5 year loans of $1 Million USD each to a federal government fund called "U.S. Jobs Fund", and the U.S. government using this interest free money to train American workers for better paying jobs by providing free education/training to motivated American workers, and then the U.S. government would guarantee the return of the money after 5 years without imposing any job-creation requirement. In addition, the EB-5 investors and their family members would be given the permanent green cards, not "conditional" green cards. This is a simple and workable solution that does away with the moving goal post and also takes away uncertainties that are causing an increasing frustration within the EB-5 Program and USCIS among the EB-5 community. Such Program would garner more support from American workers and politicians who can see that the EB-5 funds are going into the "U.S. Jobs Fund", regardless of whether the "U.S. Jobs Fund" effectively utilizes such money. Of course, regional centers, immigration attorneys and economists might not be needed in this new playing field -- and the U.S. government may not be able to use the EB-5 funds wisely -- but such change might be worth considering when the EB-5 Program is fast becoming a guessing game of anticipating what new issues USCIS will suddenly raise this year.

In conclusion, USCIS should never move the goal posts after the ball has been kicked without giving a sufficient advance warning, because it causes unpredictability, lack of trust and is outright unfair to the EB-5 community. Without the predictability, the EB-5 Program becomes an expensive guessing game, and USCIS should not play games with people's lives. And soon, people will not want to play or see the game.