I have not been informed about IPO staffing allocation decisions, but feel that the public has a right to know whether a fee-funded agency is using fees to provide the paid-for service. Also FYI, here are the comments I submitted to USCIS, focused on my top concerns of transparency, and the status of pre-RIA regional centers and investors. 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. EB2-1 485 case remains pending?? | Lawfully. " EB-5 stakeholders needed this notice months ago. I was interested to read USCIS's digest and responses to the previous round of comments. Such a short wait is uncommon, however. Right now there are only two for non-regional centers and regional centers.
Written by Joseph Barnett and Lee Li in consultation with Charles Oppenheim, this article provides clear and updated analysis on reserved visas. If, as USCIS claims, "We generally process cases in the order we receive them, " then we'd see a fairly tight date distribution in I-526 actions. What does that mean? The Justice Department indicted Ishan Wahi in July, alongside his brother and friend, in connection with an insider trading scheme to front-run listings of new tokens on Coinbase. There's just no excuse, from a business planning perspective, to not be providing adequate service for I-829. As an aside, note that the historical PT page that I linked is now more timely and worth checking now than the regular processing times page, which has changed to a 6-month average method to help hide fluctuations. Meanwhile, new investors in reserved categories have to sweat over limited availability (with just 20%, 10% or 2% of visas available in each new lane, further restricted under the 7% country cap) and guessing the time for I-526 filings to invisibly build and max out that limited availability. Morocco: Uyghur Activist at Risk of Extradition. The May 2022 Visa Bulletin indicates that visas now "may" be allocated to regional center EB-5 applicants – thus eliminating one constraint from 2021. The government has not yet reacted publicly (that I can find) to the court decision on June 22 vacating the EB-5 Modernization Regulation. For example 40, 000 isn't just a number but represents humans who are liable to giving up and aging out and dying, in increasing numbers as time goes on. Many stakeholder questions about ambiguities were met with the response "USCIS may consider rulemaking to address these issues.
There aren't so many green-shirts ahead of him, but large crowds generally, a question of how long the green-shirt-priority boarding will last, and apparently just one employee working on check-in. At last report (in November 2020, the last time IPO deigned to have a stakeholder engagement of any kind), the Investor Program Office at USCIS had a staff of 232 people. Visas issued in 2022 reduced those queues by 6, 125 visas to China, 1, 381 visas to India, and 815 visas to Vietnam. Telegram surrendered says data to authorities. USCIS can hardly support a claim that they're doing the best they can with I-829, considering that they've reported falling I-829 adjudication numbers every quarter this year, and are operating well below historical performance. So long as the EB-5 quota must be shared between principals and their families, it can sustainably incentivize fewer than 4, 000 investments annually.
The experts reiterated their call in a statement on December 16, 2021, highlighting the risk of "serious human rights violations, including arbitrary detention, enforced disappearance, or torture and other cruel, inhuman, or degrading treatment or punishment" that Aishan could face if returned to China. USCIS should want to empower prospective EB-5 users to judge upfront whether and when EB-5 could offer an opportunity to immigrate. That's a problem that that doesn't solve quickly. The only official window into IPO productivity comes from quarterly reports with limited data published after months of delay on the USCIS Citizenship & Immigration data page. To at least advance sufficient applicants to claim the average 10, 000 EB-5 visas available annually, IPO needs to at least approve about 3, 600 I-526 per year (considering an average 36% of EB-5 visas have gone to principal applicants). IPO ramped down activity overall, and what it did was mainly to RFE and deny petitions with priority dates from before 2015 through late 2019. FY2022 offers massive extra supply (thanks to roll-over from unused family-based numbers last year) but we're held back from using it. Rejection and resubmit (NOID). 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. Case remains pending telegram group.com. The longest wait time, for China-born investors, was estimated at 17. Of course, real life is complicated. 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 government doesn't report this valuable intel directly, but I can guess by looking at data for I-526 filings by country and by year, and thinking about where those petitioners must be today based on what I know about petition processing, visa issuance, and the visa bulletin to date. But what if USCIS decides to terminate all regional centers who do not choose to raise new EB-5 funds?
Department of State, estimated wait times for EB-5 visa availability for investors filing I-526 "today. " And with regards to the unused visas provisions, there's going to have to be some interpretation and discussion in DOS about how that's going to play out and how it's going to fall up or fall across – they're just kind of unknowns at this point? Former Coinbase product manager pleads guilty to criminal charges in landmark case. IPO's demonstrated incapacity to handle the EB-5 inventory is my top EB-5 concern. Just 188 I-526/I-526E were filed in July to September 2022. Those set-asides were popularly forgotten because they hardly mattered in practice. Data: I lay out data for historical EB-5 visa demand, supply, and allocation. Too many EB-5 visas have been lost already.
David Miller, a shareholder at Greenberg Traurig, LLP, representing Ishan Wahi, declined to comment. And according to Department of State interpretation, all EB-5 applicants with pre-March 2022 priority dates can only now qualify for a visa in the new 68% unreserved category, regardless of whether they invested in a TEA that matches new definitions. In order to prevent irreparable harm to Aishan, the Moroccan authorities were instructed "not to extradite the complainant [Aishan] to China while his request is under consideration by the Committee. " A few expert reference articles available so far: EB-5 Form Processing Updateand FY2021 Q2 Processing Data. As of today, the best I-526 data we have is mostly thanks to IIUSA communicating with the now-retired Charles Oppenheim at Department of State, and goes through 2021. Members of the diaspora who are not firmly settled in third countries are facing a real risk of detention and refoulement. The Visa Bulletin adds a warning note just in case the number of direct EB-5 Chinese applicants proves larger than Department of State expects: "if China-mainland born number use were to materialize at a level which could potentially jeopardize visa availability under the overall FY-2022 Employment-based Fifth preference annual limit it would then be necessary to once again impose a final action date. Predicts the number of FY2023 EB visas available, settles a question about EB-5 visa carryover, and offers valuable practical tips for I-485. Regular H1B - H4 visa. The magnitude of the negative impact depends on whether or not Department of State interprets and applies the new law as making all reserve visas practically exclusive to post-March 15, 2022 priority dates, and thus inaccessible to the 80, 000+ pending EB-5 applicants already queued up for visas. Or even restrict members from sending messages altogether – let the admins chat amongst themselves while everybody else witnesses their wisdom in silent awe. Who benefits from the country cap law, and who would benefit from changing the law to eliminate country caps and let EB visa applicants flow in FIFO order? Are certain groups of I-829 intentionally left untouched or taking years of touch time for reasons related to policy or litigation? For example, in 2023 Department of State will have about 2, 000+ visas restricted for rural investment.
I am thankful for whatever I can get, and will continue to make periodic (probably, monthly) reports so long as I can keep my sources. …I think that there likely will be a need for technical corrections. Reasons for below-average (<3 years) wait times can include luck, approved expedite requests, and Mandamus actions (which can be filed by groups of similarly-situated plaintiffs, as well as by individuals). Collecting and processing EB-5 data has become increasingly difficult and time-consuming. I want I-829 numbers to show success through to the EB-5 finish line.
Here's an airport with crowds at the gate and at check-in. The China backlog must particularly fight to lose as few visa numbers as possible, which means keeping their access to reserve visas if possible. The fee rule process is a major reason why USCIS never has ended up with needed resources or adequate service. 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. I've noted that "about two years" has long been a favorite guess to answer the question "How long does I-526 take? " That's over 10, 000 regional center investors and their families and over 5 billion dollars in limbo associated with pending I-526 alone, not to mention over 70, 000 regional center applicants at the visa stage. Good actors will be empowered to plan well based on good information about the immigration process and success factors. I chart these data reports to track trends in IPO resource allocation and productivity. The process for I-526 approvals getting transferred to NVC continues to be problematic. So close to visa relief, yet so far! … I do think that there potentially will be some changes, at least to the language to clearly identify what is meant.
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