I could also discuss I-829 processing data, with similar concerns, but consider the I-526 problem in most urgent need of publicity as an integrity, public policy, and market issue. AIIA has been unusually open about sharing whatever information they can gather from Congressional staffers and industry contacts about EB-5 legislation, and I recommend the resource. As an aside, note that USCIS is making what might be a good faith effort to improve case processing reporting, and solicits public input. Case remains pending telegram group plc. "In many of these cases, judges cite a set of factors in a 1984 case—Telecommunications Research and Action Center v. FCC—that set standards for when courts ought to compel agencies to take action in the event of an unreasonable delay.
On the bright side, I'm glad that USCIS acknowledged a need to "clarify the requirements, " and did not stick to an unreasonable deadline. As things stand, the United States has raised and benefited from about 15 billion dollars in EB-5 investment over and above what it can justify based on current EB-5 visa number limits. For that, we have to consult anecdotal evidence and leaks. Moving China visa bulletin dates just for direct EB-5 would implicitly give up on regional center authorization happening any time soon, and displace regional center applicants from China. The China visa wait time equation is China demand/leftover supply, so backlogged applicants welcome reductions to the new demand that reduces leftover supply. Former Coinbase product manager pleads guilty to criminal charges in landmark case. "Wahi is the first insider to admit guilt in an insider trading case involving the cryptocurrency markets, " U. S. Attorney for the Southern District of New York Damian Williams said in a statement. The new EB-5 set-aside categories remain enticingly "Current" in the Visa Bulletin, which means nothing for planning because the Visa Bulletin cannot see and does not flag crowds, if any, when they start at the I-526 stage.
Part 4: Application. I also wonder if a difference between consular and USCIS capacity to issue visas at the end of the year could explain the unusually high number of Chinese regional center applicants who were able to adjust status in FY2022 — more applicants than one would expect from priority date order. Another definition could be "Data withheld to disguise our counting errors. " I hope no one did think that way, because investors and their projects are not infinitely patient. So this is kind of a whole new world. I copy below a table of unofficial data from my leaker at IPO. For whose sake should Congress act on EB-5 legislation? During the regional center program expiration, IPO cannot adjudicate any I-924, or any regional center I-526. Telegram surrendered says data to authorities. "If there is legislative action extending this category for December, the final action dates would immediately become "Current" for December for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2015 final action date. The EB-5 program and visa issuance depend on IPO functioning to administer the program and process petitions.
So USCIS faces judgement calls when it comes to how to treat previously-approved regional centers and their investors, and should hear our input for those judgement calls. Such a short wait is uncommon, however. The discussion tends to focus on the future of the regional center program, and the question of potential and protections for future EB-5 investment. 46, 000x$500, 000=$23 billion. Case remains pending telegram group members. Chinese regional center investors are losing visa availability by the day during RC program expiration regardless, so I don't see the announcement as much additional harm for them. And Iranians (considering the often arduous source of funds path). Removing 32% percent of visas from the general pool does not affect visa allocation under per-country limits in this year, because more than 32% of visas were going to be leftover after per-country allocation anyway.
And what if backlog relief (queue elimination) were proposed together with TEA set-asides (queue-jumping)? The Fee Rule process allows USCIS to set whatever filing fee it needs to recover the cost of providing adequate service for this predictable workload. My dream for the future is that EB-5 will also stabilize in the sense of offering a reliable opportunity to immigrate based on investment. A Bloomberg Law article from June 25 "Backlog of Investor Visa Applications in Limbo as Program Dies" included this quote: "The Homeland Security Department subagency can't yet say what the fate of those EB-5 applications are, USCIS spokesman Joe Sowers said Friday. " If that report is accurate, how few people must have been assigned to I-526 in July 2021, to result in an average of only 2 decisions and 6 total actions per working day? The EB-5 Reform and Integrity Act of 2022 is law since March 15, 2022. See slide 9 of "Part 1: A discussion with Charles Oppenheim" (November 19, 2020) 2020 IIUSA Virtual Forum [vi] The Conditional Permanent Residence Stage is defined as two years from the date that the green card was granted. Morocco: Uyghur Activist at Risk of Extradition. On any given day, the handful of EB-5 actions completed can include I-526 with priority dates anywhere from 2013 to 2022. Meanwhile Indians, many adjusting status in the U. S., managed to get a record 1, 381 visas in 2022 – even more than technically available to them under the year's unreserved visa limit. And if you followed that logic, then the only numbers that ultimately remained unused after the fall-up provision would then fall across for the next year's set-aside limit. Of course, pending applicants do not want reserved visas to be prospectively available only to incoming I-526.
Many 2019 decisions in May 2022 were likely on direct petitions that had received RFEs during the shutdown. "New Job Creation and TEA Rules in the EB-5 Reform and Integrity Act of 2022 Revised and Explained" by Scott Barnhart and Adam Greene. The Processing Time column in the USCIS report indicates the median processing time of cases decided in the reported quarter. Group Permissions, Undo Delete and More. Country caps protect visa availability for applicants from low-demand countries, while constraining applicants from high-demand countries into enormous backlogs. On March 22, Bernard Wolfsdorf and Joseph Barnett held a wonderful webinar with special guest Charles Oppenheim, recently retired chief of Visa Control at Department of State. The number of months presented is the median which is the time it took to complete 50% of all the cases processed in the quarter. " See slide 10 of "Part 1: A discussion with Charles Oppenheim" (November 19, 2020) 2020 IIUSA Virtual Forum [v] Charles Oppenheim, Chief of the Visa Control & Reporting Division at the U.
Both should focus on the blue segment in each column – the numbers representing EB-5 visa demand from all countries below per-country limits. FY2022 offers massive extra supply (thanks to roll-over from unused family-based numbers last year) but we're held back from using it. Their feedback will naturally reflect their interests and perspective as regional centers who do choose to file I-956 to raise new capital going forward. Before I share some inside information on this question, consider the workload facing IPO's staff of 232 people. See the base of the post for additional charts illustrating I-485 trends. That's a huge difference. Petition approval does not lock in access to a visa. I-526 processing has taken 1-5 years, according to processing time reports from USCIS. Regular H1B - H4 visa. For countries with no visa wait, the visa application normally takes six months or more. Waiting for large media downloads to finish ranks very low on the list of "The Most Exciting Things to Do Online". UPDATE: Recording available on YouTube. RIA Implementation, Reserved Visas, and Country Caps. UPDATE: The IIUSA blog has published my detailed analysis of the formula and inputs behind the fee rule, with thoughts on how to respond.
In normal years, visa statistics tell a story about EB-5 visa demand. In case you ever felt lonely in a group with 100, 000 members, Telegram groups now support up to 200, 000 members – so now you can feel twice as lonely. Flights are overbooked and check-in is understaffed, but suddenly there's a special gate announcement: all green shirts in the boarding area can get the seats on the flight. At the same time, IPO issued 77 RFE and NOID on I-526 cases. Of the 9, 102 EB-5 visas that didn't get issued in FY2022, 6, 396 couldn't have been issued because segregated in newly-created set-aside categories. IPO has the resources to get better. Most rural reserves are therefore effectively off the table for the backlog even if DOS decides that past rural applicants could theoretically qualify for rural reserves. While both countries have excess demand for unreserved visas, and large NVC backlogs, the government in fact issued 815 EB-5 visas to Vietnam (about 7% of unreserved EB-5 visas) and 1, 381 EB-5 visas to India (about 7% of total EB-5 visas). So long as processing conditions are indefensible in fact, there's basis to ask a judge to compel adjudication. Such a combo proposal must logically presuppose that either the backlog relief provisions will fail, or the TEA incentive will be null. I have no idea why I-829, after having shown an improvement trend in 2020, actually got worse again in 2021, even after the regional center program lapse made more resources available to work on I-829. In January to March 2021 IPO adjudicated 882 I-526, and I thought that was extremely low.
The Android app also allows you to set up a profile picture when you create an account, so expect to see more friends with faces from now on. Maybe USCIS would truly like to design a page that's useful to applicants wanting to understand processing times, not only useful to USCIS for the purposes of obscuring processing trends and blocking case inquiries. That could explain low recorded receipt numbers even if I-829 submissions were in fact as high as ever. As illustrated in the charts, the Investor Program Office is far from implementing a first-come-first-served process. Feedback will be accepted until January 26, 2023. Backlogged Chinese applicants could rejoice to see on-going low rest-of-world I-526 filing numbers, which underwrote the hope that "otherwise unused" visas would continue to be leftover from the rest of the world in significant numbers for the oldest Chinese applicants. Meanwhile, a variety of factors besides reserved visas sway the denominator of the China wait time equation. What is left for 200+ EB-5-fee-funded employees to do but adjudicate I-829? A former Coinbase product manager pleaded guilty on Tuesday to wire fraud charges in a criminal case brought against him. Most of my friends concurrently filed on June or July last year, and their cases were transferred to NBC from Nebraska already got their GC last month. EB-5 lawyers agree that the June 22 court win did indeed return the EB-5 investment amounts to $500, 000 or $1 million in a State-designated TEA, and that I-526 can be filed at this level so long as the June 22 change still applies.
A few expert reference articles available so far: EB-5 Form Processing Updateand FY2021 Q2 Processing Data. What will happen to EB-5 processing during the regional center program expiration/lapse? How far does that put us from expecting two-year I-526 processing times? Who needs to care if a protracted EB-5 process increases the time to hold EB-5 funds under management and defers government oversight?
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