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Friday, November 18, 2011

New EB-5 Adjudications Policy from USCIS

USCIS Director Mayorkas issued a draft memorandum and held a stakeholders conference call on November 9, 2011.  Although the memorandum is in draft form, it represents the present thinking of USCIS.  It is anticipated that, in the coming months, the memorandum will be finalized after public comment.  It will represent a comprehensive statement of USCIS policy on all major EB-5 issues.
 
1.     Premium Processing
 
USCIS is targeting spring 2012 for premium processing.  (My personal estimate is summer 2012 at the earliest).  At least initially, premium processing will be limited to new I-924 regional center designation applications.  It will not apply to regional center amendments, separately filed exemplar I-526 project pre-approval applications or investor I-526 petitions.
 
2.     State TEA Designation Letters
 
USCIS confirms that it will not challenge the state determinations of geographical areas to be designated targeted employment areas.  USCIS reserves the right to make certain that the mathematical computations of 150% of the national average unemployment rate are correct.  This is a significant development since USCIS, in the last 6 months, had challenged state geographical determinations in at least 5 states...

 

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