Timing of EB-5 “Operational Enhancements” by USCIS

08.19.11 | Archived

Folks, don’t let the implications of some recent announcements about rollout of USCIS proposed EB-5 operational enhancements get you too spun up just yet.  All USCIS said it will do next month, as shown by the minutes from the recent meeting with AILA just posted, is “allow for direct email contact with the EB-5 adjudication team to raise and address case questions and issues.”  We already have the email box; they just don’t answer it and don’t allow case-specific questions, and maybe soon they will answer sometimes.  Fine and good, we’ll see how that goes.
But USCIS does not appear to be anywhere close to implementing premium processing for RC or investor petitions.  It’s great that USCIS recognizes it won’t need a regulation to do it (only a Federal Register notice), but they would need to hire and train up and nail down lots of logistics to pull that off.  I am as eager for that as anyone, because it will open EB-5 to a range of urgent projects that the current “chicken and egg” problem prevents, but don’t hold your breath.
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**Robert C. Divine is Vice President at IIUSA.  He is also Head of the Immigration Practice at Baker Donelson and former Chief Counsel and Acting Director of USCIS.**
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