Inspector General (IG) investigations and whistle-blower driven reviews by Congressional Oversight committees are not new and are commonplace in the federal bureaucracy of the U.S. The recent publicity surrounding Alejandro Mayorkas (the current Director of the U.S. Citizenship and Immigration Services (USCIS) at the Department of Homeland Security (DHS) and presidential nominee to assume the Deputy Secretary position at DHS) is just the policy and political process playing out. This is a high profile nomination that is being connected with a hotly contested gubernatorial race, the intensity of the media attention may be greater than other investigations, but the bottom line is the EB-5 program is alive, well and functioning.
As a reminder, there have been many IG investigations and some even involving Director Mayorkas and other political appointees at DHS and USCIS. This is part of the oversight process.
We believe that the key to a successful and smooth EB-5 process with USCIS is to have a solid case that meets the latest regulatory and advisory guidance. Don’t try to cut corners or do this without an experienced EB-5 team. Know if a case warrants expedited action, then submit it according to the criteria recognized by USCIS. Please see enclosed link for an article GT has published on expedite requests.
Anatomy of a Successful EB-5 Expedite Request
The shift in EB-5 adjudication leadership oversight and location as well as the new guidance in the May 30, 2013 policy memo and location also give us great hope for good things to come. Please see enclosed links for previous articles on the policy memo and shift in oversight to Washington D.C.
A Quick Overview of EB-5 Trends and Events: What Recent History Tells Us and Predictions for the Years to Come
USCIS Releases Long Awaited Draft EB-5 Policy Memorandum
Regardless of current policy and political motivations that may surround the investigations at USCIS and DHS, the EB-5 industry should just push forward. There is much work to be done for Regional Centers, projects involved with EB-5 investment and investors.