EB-5 Processing & Procedures

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.

It is a procedure allowed by USCIS whereby a regional center submits, in a form of an amendment to the regional center designation -- I have no idea why USCIS should consider a new project as an amendment of the designated RC when all one is asking is to confirm that the proposed EB-5 project falls within the parameters of the approved RC designation and complies with the EB-5 law -- for a pre-approval of a particular EB-5 project the regional center will embark on in a very near future. This procedure was set up by USCIS to give some consistency and shorten adjudication time frames for I-526 petitions filed in connection with a particular EB-5 project.

Everyone is right and wrong on this one, simply because it's unpredictable how long CSC will take to decide I-526 cases, even when there has been a pre-approval on the project. Many EB-5 practitioners have a valid point in asking what is the point of the "pre-approval" if one cannot rely on the pre-approved project.

Based on our experience and other EB-5 practitioners, I-526s adjudication time frames range from 1 month to over 14 months: that's correct, 14 months after the submission. Of course, when a RFE is issued, it will delay the adjudication. However, even after RFE response has been submitted, CSC can take anywhere ranging from one month to 7 months from the time of RFE submissions.

Personally, I am not a big fan of this course of action or anyone telling potential EB-5 clients to consider doing this. There are many reasons for my stance, but let me give you a few reasons. First, in all likelihood, there will not be sufficient time to accomplish your objective on a tourist visa. Second, it's not guaranteed that your I-526 will be approved. Currently, USCIS is denying or delaying adjudicating I-526s often for reasons that are not really justified under the EB-5 law. Well, let me put it this way: one can always come up with a way to deny I-526s if one wanted to. Third, it's better to not rush things by moving your family before I-526 is approved and immigrant visas are obtained.

See here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176...

Direct Email Communication with EB-5 Regional Center Applicants
Questions and Answers

Introduction
U.S. Citizenship and Immigration Services (USCIS) is implementing the first phase in a series of proposed enhancements to the EB-5 program. Beginning today, Form I-924 applicants will be able to communicate directly with USCIS adjudicators via email in an effort to streamline the process and quickly raise and resolve issues and questions that arise during the adjudication process.

The regulation governing I-829 conditions removal, 8 CFR 216, reads:

It's very important to notify USCIS of your address change via online address change notification method and filling out and sending in AR-11 address change form for EACH individual family member.

Most criticisms seem to echo the following:

1. CSC seems to be applying a stricter standard than the "preponderance of evidence" standard (more likely than not) to adjudicate EB-5 petitions.

2. CSC does not seem to appreciate or understand the broader meanings behind the four precedent AAO cases. For example, Matter of Ho requirement for a business plan specifically states that a business plan will vary according to the type of business or industry, and many aspects of the business plan described is applicable to a small non-regional center business.

Since USCIS decides to either deny or approve the case, it cannot appeal the case to AAO. However, USCIS has some discretion to "certify" the case to AAO for a detailed review, while at the same time explaining its decision. USCIS is supposed to certify the case to AAO for review only where a complex or novel legal issue is present, but when the EB-5 law is as unclear as it is, there are many areas which are novel or complex.

Not really. First, whether the job-creation requirement has been met depends on each I-829 case. Second, even if the job-creation requirement for all 50 I-829 petitions have been satisfied, the way CSC adjudication seems to work, each examiner makes his or her determination even where all relevant facts are the same; therefore, even though some examiners may have already approved I-829s in a particular EB-5 project based on the same facts, another examiner may decide 3 or 4 months later to issue RFE or deny the I-829. Although from a legal perspective, each petition stands on its own, logically or common sense wise, as many of our users point out, this makes absolutely no sense.