How Do I Start the EB-5 Process?

Our EB-5 team at Lawler & Lawler will guide you step by step.

• We will set up a call to review the rules and procedures as well as explain how the investment should be made.

• We will provide you a list of items to gather and go over it to meet your needs and situation.

• We will then work with you to document the source of funds.

• Meanwhile, you may conduct your due diligence on the investment and decide in which Regional Center or business in which you will invest.

• The investment will be made and we will gather project and financial documents from the Regional Center or business including proof the investment has been received. We will then assemble the I-526 petition and file it with the USCIS.

• We will regularly keep you appraised as we advance the application.

Martin

EB-5 IIUSA Conference

I attended the IIUSA (Regional Center Trade Association) Conference in Seattle a few weeks ago. There was over 200 in attendance. There was a little interesting news including:

• The AILA EB-5 committee met with Alejandro Mayorkas. Premium processing (expediting case for a government fee) will be implemented in stages; the first being email questions by the USCIS' examiners to attorneys rather than a Request for Evidence (RFE). This started on September 1 (and is pretty useless). Otherwise when premium processing will begin remains unknown.

• The USCIS will not challenge a state's Targeted Employment Area (TEA) designation provided it does not contain a math error in calculating the unemployment rate and is not a gerrymandered district or used a totally unacceptable methodology. This is very good news and what I have been predicting based on the last USCIS stakeholder's call.

• The Economist Jeff Carr said many states have been intimidated by USCIS' reluctance to accept TEA letters and they are now more restrictive.

• The Canadian investor immigration program has so many applicants backed up (20,000) they have imposed a moratorium.

It was a good meeting for sharing ideas.

Martin

Is There Any News on When the USCIS Will Start Its EB-5 Expedite Service?

Recently, the Head of the USCIS said on an EB-5 stakeholder’s call that he is committed to rolling out the new expedite service called “Premium Processing.” He refused to give a timeframe, but he did say that the government did not have to submit the program for formal rule making (under the Administrative Procedures Act which can take months), which is good news.

More recently, the USCIS issued an unclear pronouncement that seemed to say premium processing would begin in 30 days. What it stated is that the program will start 30 days after the USCIS reviews the comments on the program and decides when to implement it. USCIS says it has started to email attorneys rather than issue Requests for Evidence (RFEs), but premium processing remains a goal and no start date can be predicted.

As soon as there is any news about the premium processing program I will notify all our clients and post a message on this blog and on my web page.

Martin