미국 투자이민 분야에 15년 이상 경력을 가진 한국말을 구사하는 미국변호사와 상담을 원하십니까? 미국 투자이민 프로그램은 법과 규정을 떠나서 빠르게 변경될 수 있는 미이민국 (USCIS 와 California Service Center) 내부 정책과 미국 투자이민 industry 의 움직임을 잘 파악해야 하는 분야입니다. 이 분야에 경험이 많은 미국 투자이민 전문변호사와 상담을 하고 싶으신 분은 위 "투자이민법 상담" 을 클릭하신 후 상담 신청을 하시면 됩니다. 본인 성함, 연락처와 현거주 도시를 알려주시고, 상담 내용을 간단히 적어주시면 됩니다. 한국에 계셔도 미국 투자이민법만 다루는 미국변호사와 상담이 가능합니다.


[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.

[Q] Can USCIS appeal an EB-5 decision to AAO for review?

Since USCIS decides to either deny or approve the case, it cannot appeal the case to AAO. However, USCIS has some discretion to "certify" the case to AAO for a detailed review, while at the same time explaining its decision. USCIS is supposed to certify the case to AAO for review only where a complex or novel legal issue is present, but when the EB-5 law is as unclear as it is, there are many areas which are novel or complex.

Should I appeal a denial of I-526 or I-829 to AAO?

Unless you feel you really have a very strong case, I don't recommend appealing the case to AAO, mainly because the track record of AAO reversing USCIS' denial is non-existent. Read the below content before you decide to appeal your denial to AAO.
------------------

Center for Immigration Studies is lauding AAO's track record for consistently denying immigration appeals cases. See: http://www.cis.org/north/aao-box-scores

In particular, for EB-5 cases, EB-5 investors are batting zero out of 50 appeals. See below content:

[HOT] Going to AAO on EB-5 petition appeal is not a good idea -- statistics don't lie!

Center for Immigration Studies is lauding AAO's track record for consistently denying immigration appeals cases. See: http://www.cis.org/north/aao-box-scores

In particular, for EB-5 cases, EB-5 investors are batting zero out of 50 appeals. See below content:

Immigrant Investors. There were 42 dismissals, four withdrawals by the petitioners, three remands, and one moot case. No appeals were sustained. In about three-quarters of the cases lawyers were involved, but not very successfully. There were only 49 decisions in this category in 2009, so the last one in 2008 was added to bring the total to 50.

[HOT] [Q] If there are 50 investors in a RC based project, and CSC approves I-829s for 20 investors, does this mean others will be approved?

Not really. First, whether the job-creation requirement has been met depends on each I-829 case. Second, even if the job-creation requirement for all 50 I-829 petitions have been satisfied, the way CSC adjudication seems to work, each examiner makes his or her determination even where all relevant facts are the same; therefore, even though some examiners may have already approved I-829s in a particular EB-5 project based on the same facts, another examiner may decide 3 or 4 months later to issue RFE or deny the I-829. Although from a legal perspective, each petition stands on its own, logically or common sense wise, as many of our users point out, this makes absolutely no sense.

[Q] Can an EB-5 project for direct, individual EB-5 cases be structured as a loan to a job-creating business?

Generally, no, because such jobs created by the loan receiving job-creating business would be considered "indirect" jobs, and only "direct" jobs count for direct, individual EB-5 case. We even observed some direct, individual EB-5 project which did not realize this get denied on I-526 petitions because they did not realize this point. If they read www.eb-5center.com site, they would have realized this.

However, I believe a loan model might be used for Direct EB-5 IF and ONLY IF the foreign investors money need to be injected into a wholly owned subsidiary under the NCE/JCE.

"Legal immigration slowed down during recession" . . . says an article

http://www.huffingtonpost.com/2011/07/14/immigration-us-slowed-recession...

If that's the case, how come USCIS is not sensitive to the fact that EB-5 investors truly help the US economy during recession. We hear more and more Chinese EB-5 investors and Chinese Emigration Consultants are unhappy that many Regional Centers appear to be just trying to make quick money off Chinese EB-5 investors without giving enough control and protection to their needs.

[HOT] An article written by Center for Immigration Studies on the EB-5 Program

Someone from the Center for Immigration Studies wrote an article titled "USCIS Hails More Permissive Handling of EB-5 Alien Investor Program". You can read it for yourself at:

http://www.cis.org/north/EB5-more-permissive-handling

I wish the author had selected a more appropriate title for his article because many EB-5 practitioners are reporting these days a tougher, rather than permissive, handling of EB-5 cases by USCIS. From what we hear, USCIS is definitely not handling EB-5 cases more permissively. We also would like to point out several inaccurate statements or assumptions in the article about the EB-5 Program.

Inaccurate statement 1:

Is it possible to eliminate risks by doing a thorough due diligence on an EB-5 project?

In our opinion, it is not possible to eliminate the risks completely (or even 90%) even though a very detailed due diligence has been conducted due to following reasons:

1. The underlying job-creating business can always fail.

[HOT] I-485 approved in 4 months after I-526 petition approval

Recently, our office obtained I-485 approval for a very nice Chinese-American couple working in nonimmigrant visa status after we successfully handled their I-526 immigrant petition. They received the below email notification from USCIS.

It seems that I-485s of my wife and I have been approved. Thank you very much for your help.

Best wishes,
XXX

Begin forwarded message:

From: USCIS
Date: July 2, 2011 12:00:02 AM PDT
To: XXX
Subject: Case Status Information for Receipt Number: XXX

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: XXX

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Card/ Document Production

[Q] As of July 1, 2011, how long is it taking for USCIS to process I-485s based on I-526 approvals?

As of July 1, 2011, our experience has been around 4 to 6 months.

[Q] Which divisions within USCIS oversee and administer the EB-5 Program?

We are not sure of the internal workings of USCIS, but Service Centers Operations (SCOPS) and CSC administer the EB-5 Program, but increasingly, the USCIS Director appears to make the EB-5 Program more business friendly pursuant to the Obama Administration's SelectUSA policy. See http://selectusa.commerce.gov

I hope they put pressure on USCIS to make the EB-5 Program more investment friendly to attract foreign investment that create jobs and get rid of hyper-technical requirements that do not encourage the underlying purpose of the EB-5 Program which is to attract foreign investments that lead to the creation of jobs for American workers.

What's happening to a possible amendment to the Dec 11, 2009 Neufeld Memo?

In case anyone is wondering what USCIS is doing in response to the comments it received on the December 11, 2009 Neufeld Memo, USCIS recently stated as follows:

18. December 2009 Neufeld Memo

Question: Status update on USCIS review and response to the comments submitted by EB-5 stakeholders regarding the December 2009 Neufeld memo. Even if all comments and revisions are not yet resolved, whether those that are can be released to the public?

Response: USCIS is currently reviewing the December 11, 2009 comments and will post revised guidance for public comment upon conclusion of this review.

[HOT] Confusion reigns again on TEA issue

In the presentation material for June 30th 2011 EB-5 Stakeholders Teleconference, USCIS stated:

Targeted Employment Area

•USCIS is currently reviewing the policy regarding TEA
designations, keeping in mind that USCIS must fulfill its
responsibility to ensure statutory and regulatory
compliance while, at the same time, not rendering a
state’s TEA designation immaterial.

•In the meantime, USCIS is following the current policy
as set forth in the December 11, 2009 memo.

See http://eb-5center.com/files/June%20EB-5%20presentation%20063011.pdf for the June 30th Presentation.

2011/06/30 -- EB-5 Stakeholders Teleconference Only

Here are presentation material, agenda list and advance Q & A list all provided by USCIS. Note that some of Q & As are inscrutable at best. It's a pity that USCiS does not make it easy on CSC examiners and the EB-5 community by providing clear responses. I know some EB-5 practitioners do not even listen to these teleconferences because they find them not very useful and even more confusing, and I can't say I disagree with them.

http://eb-5center.com/files/June%20EB-5%20presentation%20063011.pdf

Regarding the statistical info on the presentation material provided by USCIS, the info may be very misleading because USCIS might be including dependents in the data, but it is absolutely illogical to include dependents in I-526 and I-829 data.