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The guilty plea may moot a legal argument in separate civil charges brought by the Securities and Exchange Commission as to whether the nine tokens in question are securities. Investors and project companies can best manage impacts if they are realistic about what's happening. 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. Aishan's case remains pending before the Committee, which has yet to issue a final decision. While my plate is full of everyday work plus hard articles that could be written, I'd like to briefly flag a few matters of critical importance for the EB-5 community. Morocco: Uyghur Activist at Risk of Extradition. I've started a table lining up the variety of opinions I'm seeing/hearing on regulations-related questions, and may publish it later once I have more feedback. If that equation gives a false result, then something's wrong with USCIS data reporting.
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That could explain low recorded receipt numbers even if I-829 submissions were in fact as high as ever. That is fine in regards to the EB-5 applicants, but if you're an advocate for EB-1 or EB-2 or family fourth or any other preference category, you may be saying, well why can't we have the same benefit where our unused EB-1 numbers are reserved for the next year, etc. Consider that the Visa Bulletin was "Current" for China in April 2015, but a Chinese who filed I-526 in April 2015 was not "current" by the time he reached the visa stage, and indeed didn't get a chance for a visa until March 2020. The China backlog will lose fewer visas if Department of State disregards the "unused visas" provision in the new law as contradictory to the INA, and makes any unused EB-5 visas available to the oldest EB-5 priority dates at the end of each year, regardless of reserved status. I wonder if maybe Indians got assigned "otherwise unused" numbers at the end of the year that should've gone by right to earlier Chinese priority dates, but practically couldn't because the consulate in China lacked capacity to hold more interviews in time while the California Service Center had capacity to complete more I-485 and help avoid wastage. Both the government and stakeholders will put stock in what happens after investors make investments and file petitions. What happens if owner leaves telegram group. The ultimate condition for immigration success is not satisfied at the beginning of the process, with the initial investment, but at the end of the process, with proven job creation. FY2022 Q3 Performance Data Report Excerpt. 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. 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. 5 months in November, and and 33 months in December, per my log of contemporary reports. If you relied on "I accidentally deleted the chat with my homework" in your studies, please accept our apologies. To review the new law provisions, see INA 203(b)(5) sections (M) and (S).
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Clarifying that the @10, 000 EB-5 visa quota applies to principal applicants would increase EB-5's potential sustainable economic benefit by almost 300%. A "current" final action date in December 2021 reflects low demand and high supply at the visa stage as of December 2021, and applies to people who have visa/I-485 processing nearly complete as of December 2021. Department of State has published Annual Numerical Limits for Fiscal Year 2023. Group Permissions, Undo Delete and More. 1 years for I-485, and 7. To compensate for resource problems, IPO has fiddled with processing order, implementing multiple queues and a visa availability approach that effectively excludes thousands of I-526 from the processing workload.
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"Understanding Audits & Fund Administration Under the Reform & Integrity Act" by Coleen Danaher, Bidhya Dhungel, and Mike Xenick (also a blog post). While everyone buzzes about when I-526E can be filed with USCIS (a key point in the proposed Settlement Agreement for the Behring litigation), I consider another critical issue: when I-526/I-526E can be reviewed and approved by USCIS. I-956 and I-956F filings commenced in Q4, but the USCIS data report for Q4 does not report them. I'm ROW, located in NY. Former Coinbase product manager pleads guilty to criminal charges in landmark case. The details reported in this post are a fraction of what we'd like and need to know about what's going on behind the scenes at IPO. Meanwhile, in-process regional center investors who do not yet have visas represent at least $23 billion dollars currently at work in the U. economy. Here's how per-country EB-5 visa allocation has happened so far, in practice. In the zero-sum visa game, newly-reserving visas for some means newly-restricting visa availability for others.
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"Regional Center Transactions Post-RIA: Considerations for Purchase, Sale, and/or Rentals" by Rohit Kapuria and Ronald Fieldstone. As of November 2020, DOS reported 50, 936 total EB-5 applicants registered at the National Visa Center. These dreadful numbers can trace back to factors including economic pressures on EB-5 projects, heightened risk from long processing delays, the legacy of "extreme vetting" philosophy, and rogue IPO staff alone in their home offices and apparently free to make up and apply idiosyncratic standards of proof for source of funds. Case remains pending telegram group plc. Under the new law, regional center termination has consequences for investors at all stages in the process, including during conditional permanent residence. Since then, he has remained detained in that same prison. What is left for 200+ EB-5-fee-funded employees to do but adjudicate I-829?
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USCIS as a whole is laboring under resource and backlog challenges. Such a combo proposal must logically presuppose that either the backlog relief provisions will fail, or the TEA incentive will be null. I hope that 2023 will bring policy clarifications and processing improvements to help resolve such questions, which should not be open. On the bright side, I-829 processing productivity only fell a little in Q1, and the approval rate remained high (94%). I start with a focus on I-526 approvals, since that's what drives the EB-5 process. The fastest recent I-829 approvals I've heard of were for petitions filed in September 2020 and approved just five months later. But even with the most optimistic assumptions on future visa availability, Chinese who filed I-526 from October 2016-March 2022 and Indians who filed I-526 from November 2019-March 2022 could face five or more years of waiting just for conditional permanent residence. What's not clear: are any of those these reserved visas theoretically or practically available to the 80, 000+ people in the EB-5 visa backlog, who are coded C5, T5, I5, and R5 under the now-abolished RC and TEA set-aside categories? The moral of the story: (1) industry advocates, remember the size of the constituency that depends on your fiduciary duty, as you gamble for RC program authorization, and (2) investor advocates, push for legal changes that would at least protect in-process investors from mid-stream RC program changes. Telegram group owner left. 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. They want an answer much closer to one year than 54 years. A closer look at the data reveals other details of interest.
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Litigators, is there anything we can do about systemic adjudication problems behind mass denials, or do petitioners really just have to fight battles individually in the sluggish AAO process? The unused set-asides should carry over in future years, though the FY23 visa limits report doesn't show the carryover. ) Reach out to me by phone or on Telegram at (626) 660-4030, and let's chat. On the bright side, I'm glad that USCIS acknowledged a need to "clarify the requirements, " and did not stick to an unreasonable deadline.
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Are certain groups of I-829 intentionally left untouched or taking years of touch time for reasons related to policy or litigation? USCIS should want to empower prospective EB-5 users to judge upfront whether and when EB-5 could offer an opportunity to immigrate. I've thought about reopening my paid EB-5 timing service, to accommodate everyone who's thinking "don't make me look at charts, just tell me when I can expect a visa, given my specific situation. " China ended the year with only 199 direct EB-5 visas issued – not much higher than usual, and not explaining the unexpected thousands of Chinese who adjusted status in 2022. This inexcusably low productivity needs urgent management intervention. I was glad to see that I-829 receipts caught up in January to March, compensating for an artificially low previous quarter. The large number of denials reflects attitudes at the Investor Program Office, particularly toward direct EB-5 cases, and particularly since the EB-5 Reform and Integrity Act protected USCIS from judicial review of unjust EB-5 decisions. Note the number of EB-5 visas actually issued to China-born applicants each year, from over 8, 000 in FY2015 to just over 4, 000 in FY2018 and FY2019. UPDATE: Klasko Law, counsel for several of the Behring litigation plaintiffs, has just published a detailed article on this topic. Today, $49 million of spilt I-526 filing fees call from the ground, asking why the United States government has assigned only 26 I-526 adjudicators to handle an inventory of over 13, 000 pending investor petitions, offers excuses rather than improvement plans for falling IPO adjudicator productivity, and manages I-526 inventory by defining a large percentage of the inventory as ineligible for processing (via the "visa availability approach"). Oppenheim estimated in 2019 that over 5, 000 visa could be allocated to Chinese in FY2020, as a function of the expected number of "otherwise unused" numbers.
I expect the I-526 success rate to improve if and when IPO standardizes and publicly articulates its policy and adjudication guidelines, shortens processing times, and increases staff supervision and quality control. It doesn't mean the case was approved - the new status could be Request For Evidence Was Sent, for example. A rate of 100 approvals a month is still three times too low to avoid wasting EB-5 visas in a normal year, five times too low to avoid wasting visas this year, and ten times too low to provide timely processing for over 13, 000 pending I-526 petitions. But thanks to the lack of FIFO discipline, IPO is assigning new as well as old cases, and a number of I-526 filed in late 2019 are already getting reviewed. This article has five parts: Analogy: To set the stage, I suggest the analogy of an airport (like EB-5, a multi-stage process), and passengers waiting on standby (analogous to oversubscribed EB-5 applicants waiting on unused visas). This cannot be blamed on China demand (which was higher than ever in FY2021) or supply (with over 15, 000 visas left "unused"), or entirely on COVID-19 (the Guangzhou consulate processed more immigrant visas overall in FY2021 than in FY2020). The China backlog may lose fewer visas if we decline to promote reserve visas to new Chinese, Indian and Vietnamese clients, realizing that every one EB-5 visa taken to accommodate a new backlog-country client who wouldn't have invested otherwise is one visa removed from the pool that would have been available to the oldest backlogged priority dates if not for visa reserves. EB-5 I-485 decisions, and which is apparently having a meltdown. With three months since Congress passed the new EB-5 law, is IPO back to work? And then if you still really wish you had an article about the Visa Office perspective behind visa traffic control, I recommend Note F in the November 2021 Visa Bulletin, this article, and the Chat with Charlie for the April 2021 visa bulletin. But my first priority is articles on the new law and how reserved visas will affect the China backlog. Congress created this employment-based fifth preference immigrant visa category (EB-5) to benefit the U. economy by providing an incentive for foreign capital investment that creates or preserves U. jobs. " LIN2190(0, 1, 2) and LIN21(001-150) Statistics. However, the process and volumes need improvement.
Direct EB-5 (and the visa bulletin even briefly becoming Current for China direct EB-5) did not contribute much boost. This means that in the month of December, direct EB-5 Chinese applicants who are documentarily qualified at the visa stage can proceed to get visas, regardless of priority date. Those set-asides were popularly forgotten because they hardly mattered in practice. But overall, processing is evidently not first-in-first out. Isn't this just beautiful?
For that, we have to consult anecdotal evidence and leaks. I emphasize "near-term" advantage for in-coming applicants, though, because a new standby category only benefits the people who start the new queue. When I-829 receipts fall, I worry that some disaster befell the cohort of EB-5 investors who entered the U. Of course, the people who drafted the reserved visa law must have wanted the reserve visas available to incentivize new investment. Attorney Carolyn Lee hosted an EB-5 Program Sunset Pop-Up Event, on 6/30 at 2:00 PM ET. An inside source tells me that from July to September 2021, there were 254 I-526 withdrawn and 48 I-526 denied. If we assume that about 1, 300 pending I-526 are direct petitions, that IPO continues processing I-526 at a rate of 900 petitions per quarter, and that the RC program stays expired for months to come, then the direct I-526 inventory could all be adjudicated this year. May the record of its irresponsible performance come to the attention of USCIS leadership who want reforms, and of Congressional representatives who care about the integrity, reputation, and functionality of EB-5. The longest wait time, for China-born investors, was estimated at 17. For applicants not dependent on the Visa Bulletin anyway, this records confusion shouldn't affect their actual visa availability. I was not told whether IPO is still using the visa availability approach for I-526, even now with the RC program expiration already drastically reducing the active I-526 inventory. But USCIS has directed adjudicators to request it at the RFE stage, and to deny direct I-526 for lack of source-of-funds documentation for non-EB-5 investors. If my analysis helps you, please consider a PayPal contribution to support my work.