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EB-5 Insights

Where Government Policies and Business Realities Converge

Third Quarter Updates from USCIS on EB-5 Program

By Kate Kalmykov on August 3, 2012
Posted in EB-5 Program, Econometric Report, Regional Center, USCIS Public Engagement
Last week USCIS held their quarterly stakeholders meeting.  The agency released usage statistics for the EB-5 visa available here.  They also provided the following updates:
  • The regional center interim decision board will be implemented shortly.   The board will be charged with reviewing I-924 cases for regional center designation or amendments that have been recommended for a denial.  Applicants will receive a notice indicating that the USCIS has issued a Notice of Intent to Deny (NOID).  This notice will provide them with an option to have a hearing in-person at the California Service Center to offer evidence in rebuttal of the NOID.  Petitioners along with their economists, SEC and immigration attorneys,  as well as business plan writers will be able to attend the hearing.  USCIS will also permit those unable to travel to California, to attend telephonically.  The supervisory board expects to commence within 30 days of issuance of a NOID and will be staffed by an economist and two supervisory Adjudicating Officers from the EB-5 Unit.
  • USCIS confirmed that in addition to immigration officers, the EB-5 Unit currently consists of 2 corporate attorneys and 8 economists.
  • A third iteration of the draft policy guidance will be published for public comment within the next 4 weeks.
  • USCIS will also be issuing Frequently Asked Questions (FAQs) which will be published on their website shortly.
  •  Amendments to previously approved regional centers are taking longer to process than initial regional center designation applications because the Service believes these applications are often more complicated to adjudicate as they must perform a comparative analysis  against the initial I-924 filing.
  • Decisions on cases pending because of their usage of the Tenant Occupancy Job Creation methodology have not yet been adjudicated.
Tags: EB-5 Interim Decision Board, Public Engagement, USCIS EB-5 Statistics
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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

…

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.

Read more about Kate Kalmykov
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Related Posts
Executive Summary and Clarifications from May 1, 2012 EB-5 Stakeholders Meeting with USCIS
July 18, 2012
USCIS Announces Engagement with EB-5 Economists
June 8, 2012
USCIS on Tenant Occupancy...How Times Have Changed Since 2009
March 12, 2012

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