Wednesday, February 2, 2011

USCIS EB-5 Call

A few times a year, the USCIS holds a call to address EB-5 legal and procedural issues. In the past, the calls have provided little new information and often our questions are not answered. Recently the USCIS held a call and provided some highly technical and more general information.

For example, the USCIS said, total EB-5 staffing at the California Service Center has substantially increased, and should ultimately reduce the current EB-5 case processing time of five months. We have seen such claims before and processing times are still slower than a few years ago.

• USCIS has begun gathering data about the number of applications filed for specific regional centers. The USCIS expects to begin releasing the data for publication later this year.

• USCIS clarified their policy on Office of Foreign Assets Control (OFAC) licenses, stating that a license would not be required of an Iranian national residing outside of Iran if the money is shown to be obtained through a lawful source and transferred to the U.S. without traveling through a prohibited Iranian bank. Previously USCIS issued Requests For Evidence (RFEs) requesting an OFAC license or an OFAC letter of no objection.

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