Serving EB-5 investors in USA and Asia, with empathy and specialized skills gained through years of experience, our office focuses on quality rather than quantity.


[HOT] Don't move the goal posts after the ball has been kicked!

I like to keep things simple, mostly because the simplicity makes it easy for me to understand concepts and take necessary actions based on my understanding. Many EB-5 practitioners also believe that USCIS should do the same and keep the EB-5 Program simple, because many aspects of the EB-5 Program has now become so complex that no one, including even some of the most experienced EB-5 attorneys, do not understand many of the issues of the EB-5 law or Program. Simplicity leads to predictability, and the predictability leads to less lawsuits and a greater trust. This means USCIS cannot and should not move the goal posts especially AFTER the ball has been kicked.

[Q] Can a LP be formed to purchase state revenue bonds to build let's say an infrastructure and qualify for a RC EB-5 project?

We have not yet seen an EB-5 project where a New Commercial Enterprise has been formed to just purchase state revenue bonds. If USCIS approves I-526s and I-829s for this type of project, it will be the first one, and all regional centers will copy the investment structure, that's for sure.

We can foresee many legal arguments on this issue, but we will keep it to ourselves at this point.

I-829 submission items/documents

I-829 submission needs to evidence that all requirements for conditions removal have been met, and the list of documents that need to be submitted really depends on the economic jobs calculation methodology used and the underlying assumptions.

[HOT] USCIS issues an email explanation regarding "EB-5 Tenant Occupancy" related jobs and "excess demand"

On February 17, 2012, USCIS issued through USCIS Office of Public Engagement the below message regarding "EB-5 Tenant Occupancy" and "excess demand" issues. We are not certain what is exactly meant by the following language. We are also not certain why this email message was issued at all, unless USCIS/CSC wanted to provide an advance notice of numerous RFEs to come involving this issue. Will this policy be applied retroactively? Another uncertainty. I hate to be a RC operator who has to comply with all kinds of USCIS policy or interpretation changes that suddenly get issued without an advance warning! I am sure many Regional Centers are wondering what is the value of getting RC designations when USCIS can change the policies at any time.

[HOT] 8 months to adjudicate I-526s is just too long!

As of Feb 1, 2012, according to the latest CSC Processing Times Report, it currently takes eight (8) months for CSC to adjudicate I-526 petition, even if no RFE is issued. This is absolutely too long, and is puzzling since the stated goal has been 3 months.

How can EB-5 projects wait that long to received capital? This kind of delay makes it very, very difficult for regional center projects to do business.

Note that if there is a RFE, it can easily take 4 months more on top of 8 months, which means the waiting time can easily reach 1 year.

[HOT] This kind of anti-China ad does not bode well for the EB-5 Program

Also, done with a very poor taste.

http://www.huffingtonpost.com/2012/02/07/debbie-stabenow-fundraising-pet...

Wow, this kind of ad certainly is not going to help the Republican party.

[HOT] N-400 Naturalization Application

For internal research purpose.

After I-829 conditions removal has been approved, naturalization application can be filed 5 years from the acquisition date of CPR. You can go to below link and see resources:

http://www.uscis.gov/portal/site/uscis/citizenship

[Q] What does the notation "CRI89" mean in context of EB-5 case?

This notation stands for "Conditional Resident I-89 form". I-89 form was a white data collection form previously used by USCIS on which fingerprints and signature was collected AFTER I-485 or I-751 or I-829 was approved. Now days, USCIS does not use I-89 data collection form but instead captures necessary information through ASC biometrics procedure. However, it appears that USCIC automatic email notifications still contain "CRI89" references causing confusion.

Useful info on solving various problems with CBP, USCIS, DOS, etc.

For internal research purpose.

Issues involving:

green card production problems or delays;

CBP entry issues;

DOS Visa Office inquiry procedures;

Motion to Reopen or Reconsider based on Service Errors;

[HOT] Where can I find USCIS info on EB-5 Program?

USCIS has its own info at its official website:

www.uscis.gov/eb-5centers

In our opinion, USCIS should and could do a better job posting more helpful info on EB-5 area, including a FAQ on various issues regarding EB-5.

Getting G-28s recognized by USCIS

For internal research purpose.

2012/01/23 -- USCIS Stakeholders EB-5 Teleconference

Our informal notes of the teleconference:

USCIS will defer to state's determination of geographic area regarding TEA. State Dept of Labor will be deferred to, if and as long as that particular authority is delegated by the state per CFR regulations. See CFR 204.6. State must notify USCIS what body of state has authority to issue TEA designations.

Each I-526 must show TEA designation at the time of investment or I-526 filing, whichever is earlier. See Dec 11, 2009 memo.

USCIS has to review the issue of what happens to TEA for multi years project and spending and get back. USCIS asked for a specific email so they can decide and answer.

[Q] After I-526 approval, can a F-1 status applicant during 60 days grace period file I-485 adjustment of status?

Yes, as the applicant is deemed to be in nonimmigrant status during the 60 days grace period.