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American Immigration Lawyers Association EB-5 Committee and
USINFO | 2013-12-04 11:28
American Immigration Lawyers Association EB-5 Committee and Invest In the USA (IIUSA) Questions and Answers
Q: What is the status of the idea of instituting premium processing for I-526s?
A: As noted in the September 2009 EB-5 Stakeholder’s Q&A, USCIS will not consider instituting premium processing for I-526 petitions until a full year has passed since the consolidation of all EB-5 case processing at the CSC, so USCIS will not take up the examination of this issue until the second quarter of 2010. EB-5 related premium processing will only be instituted if it is determined that sufficient resources are available to adjudicate EB-5 petitions accompanied by premium processing requests in the manner required by the premium processing program.
Q: What EB-5 memos are being drafted and on what topics? When do you think they will be issued?
A: USCIS has recently published policy and procedural EB-5 guidance regarding a variety of topics which should include TEA determinations, the timing of adjudication of EB-5 eligibility issues, and the procedures for filing amended I-526 petitions, etc.
Q: At the September EB-5 stakeholders meeting, USCIS officials stated that the agency is in the process of updating EB-5 materials on its web site to include an FAQ regarding the EB-5 pilot program. What is the status of that FAQ?
A: The “Frequently Asked Questions” (FAQ) will be published soon. The draft FAQ is being revised to include new FAQs that relate to the newly published guidance.
Q: How many EB-5 regional center applications have been approved as of November 15, 2009?
A: There are currently 75 approved Regional Centers. See question #10 for directions to the list of approved regional centers on USCIS’ website.
Q: How many EB-5 regional center applications are pending at the CSC?
A: There are less than 50 regional center applications pending at the CSC.
Q: It was reported at the AILA EB-5 conference in San Francisco that over 4,100 EB-5 immigrant visa numbers were used last fiscal year. The USCIS has estimated in the past that over 90% of all EB-5 petitions are filed through regional centers. If so, that means that more than 3,000 EB-5 visas were issued last year for investors investing through regional centers, more than the 3,000 number specified in the EB-5 statute. Please confirm that the USCIS and the State Department have authority to issue more than 3,000 EB-5 visas per year for investors filing through regional centers. Please also confirm that the USCIS has authority to approve more than 3,000 I-526 petitions per year filed through regional centers, and describe how the USCIS interprets the appropriations act "set aside" of 3,000 visas for regional centers in terms of USCIS operations in a fiscal year in which it may receive more than 3,000 regional center-based I-526 petitions and in which the 10,000 limit for the overall EB-5 preference category appears likely to be reached.
A: USCIS interprets the set aside of visas to ensure that a minimum of 3,000 visas are available for regional center based applicants. We do not see the set aside as limiting the number of visas that can be granted to regional center based applicants.
Q: What is the status of the idea of instituting premium processing for I-526s?
A: As noted in the September 2009 EB-5 Stakeholder’s Q&A, USCIS will not consider instituting premium processing for I-526 petitions until a full year has passed since the consolidation of all EB-5 case processing at the CSC, so USCIS will not take up the examination of this issue until the second quarter of 2010. EB-5 related premium processing will only be instituted if it is determined that sufficient resources are available to adjudicate EB-5 petitions accompanied by premium processing requests in the manner required by the premium processing program.
Q: What EB-5 memos are being drafted and on what topics? When do you think they will be issued?
A: USCIS has recently published policy and procedural EB-5 guidance regarding a variety of topics which should include TEA determinations, the timing of adjudication of EB-5 eligibility issues, and the procedures for filing amended I-526 petitions, etc.
Q: At the September EB-5 stakeholders meeting, USCIS officials stated that the agency is in the process of updating EB-5 materials on its web site to include an FAQ regarding the EB-5 pilot program. What is the status of that FAQ?
A: The “Frequently Asked Questions” (FAQ) will be published soon. The draft FAQ is being revised to include new FAQs that relate to the newly published guidance.
Q: How many EB-5 regional center applications have been approved as of November 15, 2009?
A: There are currently 75 approved Regional Centers. See question #10 for directions to the list of approved regional centers on USCIS’ website.
Q: How many EB-5 regional center applications are pending at the CSC?
A: There are less than 50 regional center applications pending at the CSC.
Q: It was reported at the AILA EB-5 conference in San Francisco that over 4,100 EB-5 immigrant visa numbers were used last fiscal year. The USCIS has estimated in the past that over 90% of all EB-5 petitions are filed through regional centers. If so, that means that more than 3,000 EB-5 visas were issued last year for investors investing through regional centers, more than the 3,000 number specified in the EB-5 statute. Please confirm that the USCIS and the State Department have authority to issue more than 3,000 EB-5 visas per year for investors filing through regional centers. Please also confirm that the USCIS has authority to approve more than 3,000 I-526 petitions per year filed through regional centers, and describe how the USCIS interprets the appropriations act "set aside" of 3,000 visas for regional centers in terms of USCIS operations in a fiscal year in which it may receive more than 3,000 regional center-based I-526 petitions and in which the 10,000 limit for the overall EB-5 preference category appears likely to be reached.
A: USCIS interprets the set aside of visas to ensure that a minimum of 3,000 visas are available for regional center based applicants. We do not see the set aside as limiting the number of visas that can be granted to regional center based applicants.
