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July 13 2017

New USCIS Ombudsman Report

USCIS Ombudsman Report

The new USCIS Ombudsman Annual Report contains some disturbing statistics:

  • 58,043 EB-5 petitions are on file with USCIS;
  • 30,000 people with approved I-526s are waiting for immigrant visas.

The program needs more visa numbers.

New I-526 Form

The USCIS has again issued a new form I-526. The new version must be used beginning August 28, 2017.

Department of State on EB-5 and Muslim Ban

The Department of State issued a policy memo to the American Consul about the Supreme Court order modifying the Trump Muslim ban. It does not mention EB-5 as a visa classification that would be barred. It states that those coming to the U.S. via employment based immigration are NOT barred (except those with EB-1 extraordinary ability visas but no job offer). I wrote in my last newsletter that EB-5 investors should have a legitimate business connection to a U.S. entity. The new policy memo seems to confirm that EB-5 investors meet the criteria for a “bona fide relationship to a U.S. entity” needed to be exempt from the Muslim ban.