You are hereFrequently Asked Questions / EB-5 Eligibilities & Requirements: I-526, CPR & I-829 / [Q] Can an affiliate company of the NCE create requisite jobs?

[Q] Can an affiliate company of the NCE create requisite jobs?


No. See: http://www.uscis.gov/err/B7%20-%20Form%20I-526%20and%20I-829/Decisions_I...

In essence, requisite jobs must be created by an entity that qualifies as a NCE or JCE.

"The U.S. Department of Homeland Security described the review as a “fast-moving audit” and “has designated this review as a ‘Priority 1’ meriting reporting to the Secretary [Janet Napolitano],” according to an internal announcement obtained exclusively by The Daily."

http://www.thedaily.com/article/2012/09/17/091712-news-eb5/

I am surprised because USCIS is very tough on adjudication of EB-5 cases, and RCs would be too afraid to commit any misrep or fraud that would lead to USCIS taking away the RC designation because it costs a lot of money and time to get the RC designation.

Please update this. Recent RFEs indicate that some ISOs at USCIS CSC finally get that the NCE -- at least in the regional center context -- does not create jobs. They are now using the letters "JCE" for job-creating entity or enterprise to identify the entity that is actually creating the jobs.

Recent RFEs show a disturbing trend to readjudicate the NCE and JCE (and he entire project) at the I-829 stage. Applicants are asked for voluminous business records. There is still that trend where USCIS tries to tie an investment dollar to a newly created job. Difficult, if not impossible, to do under the best of circumstances.

I updated it to include the JCE. Can you describe the trend you mention above regarding what exactly the issue is?