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Where Government Policies and Business Realities Converge

USCIS Releases Long Awaited Draft EB-5 Policy Memorandum

By Kate Kalmykov on February 19, 2013
Posted in Inspector General, USCIS Public Engagement

In November of 2011, and later on in January of 2012, pursuant to a directive by USCIS Director Alejandro Mayorkas USCIS issued two draft policy memos meant to consolidate all EB-5 guidance into a single overarching policy memorandum. The EB-5 community has been awaiting a third iteration of that memorandum for over a year and on February 14, 2013, USCIS issued a new version meant to include stakeholder comments and policy changes enacted over the course of the past year. The Service will accept comments from the public on the draft guidance until April 1, 2013.

Comments on the memo can be emailed to opefeedback@uscis.dha.gov.

According to the USCIS website, the following information must be included when submitting comments:

  • State the title of the relevant memo in the subject line of your message;
  • Refer to a specific portion of the memo;
  • Explain the reason for any recommended change; and
  • Include data, information, or authority that supports the recommendation.

The USCIS website provides further details on the comment process.

 

Tags: Alejandro Mayorkas, USCIS
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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.

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