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EB-5 News, Law & Developments

Timely news in EB-5 and related areas all in one place!

[HOT] 2009 USCIS Yearbook of Statistics shows over 2,700 persons obtaining permanent resident status via EB-5

3,688 divided by 4 (our guess on the average size of family for all EB-5 cases) is around 900 families. That means there must have been around 900 EB-5 cases (including adjustments and IV processing, but a lot more IV processing cases) for fiscal year 2009. See pages 18 and 23.

From our educated guess, the EB-5 cases "appears" to have doubled from fiscal year 2008.

Worsening U.S. unemployment and economy will adversely affect EB-5 projects

We believe it's all the more important for USCIS to implement a practical approach to adjudicating I-526 and I-829 petitions when the U.S. unemployment rate and economy are worsening. In this bad economic times, when foreign investors are willing to invest in the U.S. and still move their families to the U.S.

USCIS is now periodically conducting EB-5 stakeholders engagement meetings

via teleconference or in-person attendance, but so far, USCIS appears not to want to "answer" tough questions but appear to be just doing these meetings for the sake of being able to say they are holding these meetings. Hopefully, these meetings will become more productive.

Receiving permanent green cards without I-829 approval notices?

It seems strange, but there appears to be more I-829 approvals where clients receive permanent green cards in the mail without ever receiving I-829 approval notices or receiving I-829 approval notices after receiving permanent green cards. Not complaining though.

[HOT] I-526 filing location changes from CSC to a Dallas, TX lockbox

* Don't be surprised if you send I-526 petitions to the correct Lockbox address but the packet gets returned with a note saying it was delivered to the wrong address.

New DOS Rule on Electronic Application for Immigrant Visa and Alien Registration

[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Rules and Regulations]
[Page 45475-45477]
From the Federal Register Online via GPO Access []

Rules and Regulations

Federal Register


[HOT] Joint discussion/cooperation between USCIS and Department of Commerce on the EB-5 Program?

The attached recent memo discusses this possibility. It's curious because USCIS can do many things immediately on its own to make the EB-5 Program better. Why do they need to discuss this with another agency? I just can't shake off a feeling that calls for discussions will lead to more delays because of bureaucratic entanglements. Oh well . . . it's much about nothing.

Changes in leadership at the California Service Center -- don't know if good or bad for the EB-5 Program

The USCIS Office of Public Engagement regarding changes in leadership at the California Service Center.

Dear Stakeholders,

It appears dependents with CPR expiration dates 90 or more days later can be included in the same I-829

It "appears" dependents with CPR expiration dates 90 or more days later can be included in the same I-829. This was not the position of CSC before, and CSC has not officially issued any statement regarding this issue, but it seems like this is how CSC handles these kind of cases.

Wrong interpretation of USCIS released statistics on I-829 approval and denial numbers causing confusion

Recently, on June 16, 2010, USCIS released 2010 fiscal year data (up to this point) stating that so far 438 I-829 cases have been filed, and out of the 438 cases filed, 188 have been approved while 33 have been denied.

President Obama or his advisors should really take a look at the EB-5 Program

With the U.S. economy and job growth stagnant, one would think the USCIS would take a little more liberal stance on many of the issues governing EB-5 law. [See above article.]

[HOT] Latest USCIS stats on I-526 and I-829 approval rates

These are approval and denial rates "on the average". [I had to revise previously-posted percentages.] I arrived at the percentages by adding number of approvals to number of denials, and then dividing this total number into number of denials to arrive at the denial rate. Then, I subtracted the denial rate from 100% to arrive at the approval rate.

New regional center designation form I-924 to be coming soon

USCIS is seeking public comment on proposed new fees on various immigration application forms, including $6,320 for the new Form I-924, which is an application for regional center designation. Form I-924 has not been released yet.