Tuesday, May 31, 2011

Expediting EB-5 Investor Green Cards and Regional Center Applications

The USCIS announced a proposed new rule that will allow expediting many, but not all, EB-5 Investor Green Card petitions. The proposal also includes applications for Regional Center designation and their amendments for new projects.

The May 19, 2011 announcement only applies to investments involving a “shovel ready” project that is about to be constructed (as opposed to a hypothetical project).

Under the proposal (it is not yet in effect), one can pay a premium processing (expedite) fee, the amount of which is not yet announced by the USCIS, and have the application reviewed in a few weeks. The decision may be an approval, or a request for more evidence, or a notice of intent to deny the application.

Developers and financiers setting up Regional Centers will also be afforded the opportunity to have a telephone hearing to resolve questions the USCIS may have. The hearing will be before a board comprised of a USCIS officer and an economist assisted by a government attorney. The hearing is intended to quickly identify and resolve issues.

This is a breath of fresh air if the program is implemented and cases proceed timely. With most seeking the expedited processing the system may not run as smoothly as one would hope.

I will keep you posted on developments of this new procedure.

4 comments:

Prasann said...

Martin,
Do you know when the EB5 visa proposal will turn into reality.
Prasann

Martin J. Lawler said...

No, government will not say. Director said last week they will do it. I hope by Sept. They can do when they want, no special rule needs to be published which can add months to it. That is good. Are you interested in immigrating or setting up a Regional Center?

Martin

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