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EB-5 Insights Where Government Policies and Business Realities Converge

Tag Archives: I-924

Posted in I-526, I-924, Immigrant Investor, USCIS

On Nov. 7, 2017, United States Citizenship and Immigration Services (USCIS) Immigrant Investor Program Office (IPO) held an EB-5 stakeholder program at their New York City field office. GT attorneys Kate Kalmykov and Kristen Ng attended the in-person session.  During the engagement, key members of the IPO addressed: 1) updates from the IPO; 2) priorities for… Continue Reading

Posted in EB-5, USCIS

USCIS recently announced the release of a new edition of Form I-829, with the new edition dated April 21, 2017. Starting on July 24, 2017, USCIS will only accept the April 21, 2017, edition.  Until then, investors can use the May 7, 2015 edition. Both editions of Form I-829 are available to download at no… Continue Reading

Posted in Eb-5 Regional Center, I-924, Regional Center, USCIS

USCIS announced on March 21, 2017 the launch of its EB-5 Regional Center Compliance Audit Program (Audit Program). The Regional Center Compliance Audit partially clarifies what USCIS has spoken about in public at stakeholder engagements, which is the eventual use by USCIS of site-visits to verify information submitted in EB-5 petitions. There appears to be… Continue Reading

Posted in EB-5 Program, I-526, I-924, Immigrant Investor, Immigration, Regional Center, USCIS

The Immigrant Investor Program office (IPO) has decided to hold in abeyance I-526 Petitions until the adjudication of an associated Exemplar I-924 Petition, even when an associated I-526 Petition is past posted processing times. This has had a particularly detrimental effect on I-526 Petitions filed prior to Sept. 30, 2015, when there was a surge… Continue Reading

Posted in EB-5, EB-5 Program, Eb-5 Regional Center, I-526, I-829, I-924, USCIS

On March 3, 2017, the USCIS Immigrant Investor Program Office (IPO) held an EB-5 Stakeholder Engagement in which several important updates to the program were provided. “Unofficial” Statistics for Fiscal Year 2017 From October to December 2016, USCIS saw a surge in petition filings, likely due to an upcoming sunset in the EB-5 regional center… Continue Reading

Posted in Department of Homeland Security, EB-5, EB-5 Immigrant Investor Program

On January 13, 2017, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking Making (“NPRM”) seeking to amend the current EB-5 regulations.  As required by the Administrative Procedure Act, DHS has published the  NPRM in  the Federal Register for notice to the public and has given the public a three (3) month… Continue Reading

Posted in EB-5 Program, I-526, I-829, I-924, Regional Center, USCIS

At its July 28, 2016 stakeholder engagement, USCIS Immigrant Investor Program Office (IPO) Chief Nicholas Colucci focused his opening remarks on USCIS’s efforts to enhance the IPO’s adjudication capabilities, the office’s commitment to conducting program oversight and promoting program integrity, and the role of the designated regional center in maintaining program integrity. Before delving into a… Continue Reading

Posted in EB-5 Processing Times, USCIS

On July 14, 2016, USCIS released updated processing times for the Immigrant Investor Program Office (IPO). The updated processing times are as follow: Form I-526 Immigrant Petition by Alien Entrepreneur:  16.6 months Form I-829 Petition by Entrepreneur to Remove Conditions:  20.1 months Form I-924 Application for Regional Center:  9.9 months Processing times for I-829 petitions… Continue Reading

Posted in Department of Homeland Security, EB-5 Program, Immigration, USCIS

Per the Immigration and Nationality Act (INA) § 286(m), 8 U.S.C. 1356(m), the Department of Homeland Security (DHS) has the authority to charge fees for immigration adjudication and naturalization services at a level to “ensure recover of the full costs of providing all such services, including the costs of similar services provided without charge to… Continue Reading

Posted in EB-5 Program, I-924, USCIS

USCIS recently held a stakeholders teleconference as part of its informational series, EB-5 Interactive. The main topic of the teleconference concerned the “time to file” for the Form I-924A, which must be filed annually in order to demonstrate continued eligibility for designation as a regional center. It is increasingly important to focus on the submission… Continue Reading

Posted in I-526, I-829, I-924, USCIS

On August 31, 2015, USCIS released updated processing times for EB-5 related petitions.  The following chart provides the average processing times for cases being adjudicated by the Immigrant Investor Program Office (IPO) as of June 30, 2015: FORM Processing Timeframe as of June 30, 2015 I-526 13.5 months I-829 14.3 months I-924 11.8 months  … Continue Reading

Posted in Immigrant Investor, USCIS

On June 4, 2015, USCIS’ Immigrant Investor Program Office (IPO) hosted a stakeholder engagement to discuss expenses that are, or are not, includable for job creation under the EB-5 program. This engagement is part of the IPO’s EB-5 interactive series, which covers in depth topics and provides an informative discussion for EB-5 stakeholders. As stated… Continue Reading

Posted in EB-5 Program, I-526, I-829, I-924, Immigrant Investor, Uncategorized, USCIS

USCIS updated its processing times for the Immigrant Investor Program Office on Feb. 11, 2015. Unfortunately, the news is not welcome. Processing times ticked up slightly to 14 months for I-526 Petitions, 11.4 months for I-829 Petitions and 11.1 months for I-924 Applications. The I-924 Application processing time has risen a full seven months from a low… Continue Reading

Posted in I-526, USCIS

Earlier this month, USCIS released updated processing times for EB-5 related petitions.  The following chart provides the average processing times for cases being adjudicated by the Immigrant Investor Program Office (IPO) as of October 31, 2014:  Form Processing Timeframe as of December 11, 2014 I-526 14.7 months I-829 8.6 months I-924 9 months   Based… Continue Reading

Posted in I-526, I-829, I-924, USCIS

On July 17, 2014, USCIS released updated processing times for EB-5 related petitions. The following chart provides the average processing times for cases being adjudicated by the Immigrant Investor Program Office (IPO), as May 31, 2014: Form Processing Timeframe as of May 31, 2014 I-526, Immigrant Petition by Alien Entrepreneur 13.2 months I-829, Petition by… Continue Reading

Posted in USCIS

U.S. Citizenship and Immigration Services (USCIS) invites Stakeholders to participate in a new online tool called the USCIS Idea Community, where they can share ideas and opinions related to the EB-5 Immigrant Investor Program.  Stakeholders can visit the Idea Community until May 8 to provide ideas and feedback on potential regulatory changes and the future… Continue Reading

Posted in EB-5 Program

We previously blogged that in responding to RFEs and NOIDs on a Form I-526 or I-924, it appears that traceable mail, including FedEx and UPS deliveries, are delivered first to an office of the National Security Council in Capitol Heights, MD for screening before being forwarded to USCIS in Washington, DC.  We have received communication… Continue Reading

Posted in EB-5 Program

With the move of the EB-5 Program Office from the California Service Center to USCIS Headquarters, several petitions, including Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-924, Application for Regional Center Designation, are now adjudicated in Washington, DC.    Requests for Evidence (“RFEs”) and Notices of Intent to Deny (“NOIDs”) issued by the… Continue Reading

Posted in EB-5 Program

Processing Times Improvement. This year we saw the establishment of the EB-5 program office in Washington, DC. I-924 transfers to the new program office have resulted in decreased processing times for initial regional center application as well as amendments. However, I-526 petitions and I-829 petitions are at an all-time slowdown and are now taking 18… Continue Reading

Posted in Regional Center

For regional centers and project companies, jobs created through construction represent a path of least resistance for obtaining approval for I-924 applications, I-526 petitions and I-829 petitions by USCIS.  The reason is two-fold: (1) projects usually meet or exceed the construction budget and the jobs are thereby deemed created at the I-829 stage; and (2)… Continue Reading