EB-5 News, Law & Developments

And the adjudications are taking one or two more months than usual, due to CSC's having expended its time on training new, additional officers to adjudicate EB-5 cases. Good luck to the new CSC examiners on trying to adjudicate EB-5 cases, when the EB-5 law as interpreted by USCIS is so inconsistent and illogical.

USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants

Feb. 11, 2011

Take a look at the below Executive Summary issued by USCIS from a recent teleconference on AAO dated October 20, 2010.

http://www.eb-5center.com/files/AAO_Stakeholder_Engagement_Executive_Sum...

Items of interests:

1. Director Mayorkas said he will be getting personally involved in the review of the EB-5 Program. It appears he is supportive but not yet as knowledgeable about the EB-5 Program.

2. Director Mayorkas also said he spoke with Barbara Velardi and Don Neufeld about setting up some kinds of hearing process for EB-5 issues involving USCIS experts and economists.

From what we hear, it seems that adjudication at CSC is becoming even more inconsistent. We don't know whether this is due to new examiners, or whether the EB-5 rules and policies have become so complex so that it is very hard for both practitioners and CSC examiner to understand and follow.

Very unusual for USCIS to be seeking comments on this important Guidance Memo which it issued 1 year ago.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7...

USCIS has an official blog which uploaded some info on EB-5 Program. See below link:

http://blog.uscis.gov/2010/11/what-is-eb-5-program_30.html

Effective December 1, 2010, Citizenship and Immigration Canada will once again accept applications under the federal Immigrant Investor Program.

USCIS announced during October 27th 2010 CSC Stakeholders Meeting that:

USCIS Office of Policy and Strategy is currently reviewing the concept of “material change” in the EB-5 context. CSC is awaiting guidance on this and expect in the future. No timeframe was given for when this guidance might come and in what form, though a policy memo was identified as the likely means.

http://finance.yahoo.com/career-work/article/111069/citizenship-for-sale

http://ailaleadershipblog.org/2010/10/18/finding-a-way-to-yes

http://grassley.senate.gov/about/upload/Director-Mayorkas-Response-to-Se...

It cuts both ways.

Congressman Jared Polis (D-CO) issued the following statement in response to the Comprehensive Immigration Reform Act introduced in the Senate by Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT).

http://www.chron.com/disp/story.mpl/special/immigration/7169978.html

Feds moving to dismiss some deportation cases

Critics assail the plan as a bid to create a kind of backdoor 'amnesty'

By SUSAN CARROLL
Copyright 2010, HOUSTON CHRONICLE

Aug. 24, 2010, 9:00PM

ever since USCIS instituted a lockbox receiving address for EB-5 related filings. USCIS should be more sensitive to not creating additional problems for their customers.

Said author did not attend but listened to MP3 tapes of various sessions of the above seminar. I thought it would be helpful to share some often-repeated remarks or observations made by EB-5 panel members. I heard panel members often say or express the below opinions or sentiments.