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March 7 2014

Additional Interesting Q & A from February 2014 Stakeholder Call

Here are two interesting questions and responses raised on the USCIS EB-5 February 2014 stakeholder call:

Question: What is required to maintain an investment for I-829 purposes, particularly if an opportunity to refinance/liquidate arises for a successful project? Given the erratic processing times for the Forms I-526, and expected quota backlog, the timeline of a particular project and the associated immigration process may become much longer.

USCIS response: The issue of sustainment as it relates to the I-829 stage is something that USCIS is currently reviewing. There are a variety of factors that may impact that interpretation, particularly as the program may reach a point where some priority dates are retrogressed (on the visa list). We are aware of this issue and are reviewing the issue of sustainment, and hope to issue additional clarification in the future.

Note: This question has been posed to USCIS for a few years and an answer is never provided.

Question: Must the jobs created by the EB-5 business be within the regional center’s geographic region?

USCIS response: The job creating entity, i.e. business, must be “principally” doing business within the geographic area of the regional center. It may still receive credit for jobs created outside that area (indirect/induced jobs) as long as they are supported and reflected in a statistically valid economic model.

Note: This question has been asked in the past and the same answer provided, thus it appears this is USCIS policy.