EB-5 Immigrant Investor: significant changes proposed

USCIS Proposes Significant Enhancements to EB-5 Immigrant Investor Visa Processing.

released May 19, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century.

The EB-5 Program makes 10,000 visas available annually to immigrant investors who invest in commercial enterprises that create at least 10 U.S. jobs. EB-5 investors may petition independently or as part of a USCIS-designated Regional Center.

“Congress created the EB-5 Program in 1990 to attract investors and entrepreneurs from around the globe to create jobs in America,” said USCIS Director Alejandro Mayorkas. “We are dedicated to enhancing this program to ensure that it achieves that goal to the fullest extent possible.”

USCIS is proposing three fundamental changes to the way it processes EB-5 Regional Center filings.

1.) First, USCIS proposes to accelerate its processing of applications for job-creating projects that are fully developed and ready to be implemented. USCIS will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees processing within 15 calendar days for an additional fee.

2.) Second, USCIS proposes the creation of new specialized intake teams with expertise in economic analysis and the EB-5 Program requirements. EB-5 Regional Center applicants will be able to communicate directly with the specialized intake teams via e-mail to streamline the resolution of issues and quickly address questions or needs related to their applications.

3.) Third, USCIS proposes to convene an expert Decision Board to render decisions regarding EB-5 Regional Center applications. The Decision Board will be composed of an economist and adjudicators and will be supported by legal counsel.

This proposal will be online until June 17, 2011, for public comment.

For more information on USCIS and its programs, please visit www.uscis.gov 

Immigration Resource Library online at UCLA: LibGuide.

UCLA Law Library has made available a Library Guide ("LibGuide") with extensive
and detailed research on the nation's current immigration situation.

Here's the link: http://libguides.law.ucla.edu/arizonaimmigration

This LibGuide served originally as electronic readings for a series of national
trainings. The LibGuide has evolved into a resource bank for all people
interested in learning more about the current immigration debate in the United
States. Critical topics include SB 1070 and its copycats, historical precedents,
demographic data, growing federal enforcement programs, "comprehensive
immigration reform," community-based and global activism, and much more.

FY 2012 H-1B Visa period starts on April 1, 2011.

USCIS Announces FY 2012 H-1B Work Visa Petitions Will Be Accepted Starting April
1, 2011.

USCIS announced that it will start accepting cap-subject H-1B petitions for
FY2012 on April 1, 2011, noting that cases will be considered accepted on the
date USCIS receives a properly filed petition, not the date that the petition is
postmarked.

The cap (the numerical limit on H-1B petitions) for FY 2012 is 65,000.

The first 20,000 H-1B petitions filed on behalf of individuals with U.S.
master's degrees or higher are exempt (subject to a separate cap).

Fee Waiver Guidelines from the USCIS, March 13, 2011.

On March 13, 2011, USCIS has published the following final policy Memorandum:

Fee Waiver Guidelines as Established by the Final Rule of the USCIS Fee
Schedule; Revisions to Adjudicator's Field Manual (AFM) Chapter 10.9 (AFM Update
AD11-26).

It lists the petitions and applications fees can be waived and how to prove your
inability to pay the filing USCIS fees.

See at
http://www.uscis.gov/USCIS/Laws/Memoranda/2011/March/FeeWaiverGuidelines_Establi\
shed_by_the_Final%20Rule_USCISFeeSchedule.pdf

VISA TIPS from the U.S. Consulate (apply to all Immigrant Visa applicants).

VISA FASTLANE TIPS. These general rule apply to all Immigrant Visa applicants and not only to this particular consulate.

We want to issue visas!  Really we do!  Unfortunately, most cases are not ready for issuance on the date of the interview because applicants fail to complete all of the necessary steps.

This document provides clear steps that applicants can take to be prepared better for their interview:

Read at http://jerusalem.usconsulate.gov/fastlane4.html

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• Arrive on Time! – For a variety of reasons, many individuals do not appear on the date scheduled for their interview.  If you fail to appear or come late, your case will be rescheduled for the next available date which is often several months away.

• Plan your trip to the Consular Building.
• Original Documents – Bring original documents (i.e. birth certificates, marriage certificates, divorce certificates, etc.), as well as one photocopy of each document.  Please provide a photocopy of each document and a certified English translation for any documents in languages other than English, Arabic, or Hebrew.
Please note:
• Bring your passport.  You must have a valid passport with at least eight months validity.
• Bring completed Forms DS-230, Parts I & II.
• If your fees were not previously paid at the National Visa Center, bring exact change for the payment of your visa at the Consulate.
• Photos – Photos must comply with our strict photo guidelines.
• Medical Exams – If at all possible, the required medical exam should be completed at least three weeks prior to your scheduled interview.  This provides time for the medical documents to arrive in our office prior to your interview.  Please note that medical exams are only valid for one year and your visa will be limited if it has been more than six months since your medical exam.
• If the beneficiary served in the military, we need the beneficiary’s original Army discharge certificate.
• Apply for any required police certificates as soon as we provide you the application with Packet 3, and in any event, at least four weeks before your interview.  Police certificates are required from all locations where the beneficiary has lived for more than 6 months after the age of 16.  All Palestinian ID holders living in the West Bank or Gaza must apply for both a police certificate from the Palestinian Authority Ministry of Interior AND an Israeli police certificate from the Israeli DCO (Civil Liaison Office) in their place of residence.

And now for the biggest issues that holds up issuances: The most common delay we encounter involves sponsorship documents.  Each intending immigrant must show that he or she has adequate means of financial support while in the United States and is not likely to become a public charge.  The documents listed below are listed in our useful links page.  Please pay close attention so that your case is not delayed.
• Each petitioner MUST provide an original, signed Form I-864 for each beneficiary along with a copy of his or her current tax returns (Forms 1040 and W-2).  In some cases, a petitioner can file an I-864EZ (rather than an I-864) for a beneficiary – please see full details and requirements.  If the petitioner did not file taxes last year, the petitioner should provide an original signed and dated “no tax letter” explaining why he or she did not pay taxes last year (i.e. no earned income).
• Often the petitioner will not meet the minimum poverty guidelines.  In such cases the sponsorship requirements can be met by a “Joint Sponsor” who submits an originally signed Form I-864, plus proof of status (e.g., copy of U.S. passport, birth certificate, naturalization certificate. green card etc.) and copy of current tax returns (Forms 1040 and W-2).  If the Joint Sponsor files taxes with his or her spouse, we will also need an original signed Form I-864A from the household member unless the sponsor can prove that he or she earned all the income necessary to meet the support guidelines.
• When filing for children (IR-2 or CR-2 cases), we simply need an originally signed copy of the I-864W, Intending Immigrant's Affidavit of Support Exemption Form.

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