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September 18 2014


IIUSA’s San Francisco Conference is around the corner – October 22-24. I am Co-chair of the conference and leading the panel discussion on EB-5 legal issues.

More than 700 people are expected at this conference. Stakeholders Call and Retrogression

On the September 10, 2014 USCIS EB-5 stakeholders call, the question was asked whether I-526s will be expedited involving kids who will age out due to quota retrogression? The officer said they had no information from the Department of State about quota retrogression. After the call, I emailed the State Department Official in charge of the quota. He said he has notified USCIS about his retrogression projection for May 2015.

USCIS’s policy is to expedite petitions for aging out children. Some have suggested that USCIS could also hold the petitions until the quota is current so the kids will not age out pursuant to the Child Status Protection Act. This may help some, but could cause other issues regarding job creation, and such is contrary to USCIS policy.

I have submitted an expedite request for an I-526 with a dependent child who will age out with retrogression. I have not yet received a reply from the USCIS.