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EB-5 News, Law & Developments
Timely news in EB-5 and related areas all in one place!
[HOT] USCIS reverses its policy of requiring approval of I-485 cases pending over 180 days due to delay with FBI Name Check Request
On February 9, 2009, USCIS reversed its previous policy of requiring approval of I-485 cases pending in excess of 180 days due to failure to obtain FBI Name Check Request. This means that adjudicators must obtain definitive FBI fingerprint check and the IBIS check and resolution before they can approve I-526-based I-485 cases.
USCIS has recently disclosed that TSC currently has (still) around 130 I-526 and 46 I-829s, and TSC is expected to complete these before April 2009. CSC has 424 I-526 and 466 I-829s currently pending. As you can see, CSC now has most of the EB-5-related applications, and gradually, TSC should be phasing out its EB-5 adjudication operation.
During the Stakeholders meeting in Wash. D.C. on February 27, 2009, USCIS EB-5 Headquarters informed attendees that they will "soon" publish certain guidance memos addressing various EB-5 areas, as well as provide answers to prepared list of questions. Once we receive and review these guidance memos and Q & As, we will upload relevant information.
According to certain sources, this bill was introduced by a Florida Congressman because a lot of expat Brits in his district that have been pushing for E-2 reform. However, don't hold your breath: This kind of immigration bill only has a chance (remote, we believe) of being enacted when a broad immigration reform passes. Below is the text of the bill: H. R. 1162
Consular posts inconsistent reg. validity dates of Immigrant Visas in light of approaching sunset deadline for RC Program
Whenever there is an approaching sunset deadline for RC Program, some consular offices issue Immigrant Visas with expiration dates up to the sunset date, while other offices issue IVs with regular 6 months validity dates. The DOS should have a consistent stance on this matter, and issue a Press Release well in advance justifying the position they take on this issue.
USCIS notice regarding the approaching March 6th 2009 sunset deadline for EB-5 Regional Center Program
As we stated, we believe this deadline will almost certainly be extended shortly. However, we are posting this USCIS notice below. A PDF file of the same can be viewed at: www.uscis.gov/files/article/EB5Sunset19Feb09.pdf
[HOT]President signs 2009 Omnibus Appropriations bill into law & RC EB-5 Program extended till Sep 30, 2009!
The latest update as of March 11, 2009
Because applications for EB-5 regional center designation are not filed on a form, the mailing room at the California Service Center sometimes rejects them. To try to prevent this, USCIS headquarters has asked me to disseminate the guidelines below.
The below is the USCIS's released statement on the clarification.
Please send Regional Center Proposals to:
USCIS has released a Federal Register news stating that California Service Center is now the designated office to receive all EB-5 related applications, such as I-526, I-485 and I-829 applications, as well as application to become a designated regional center.