New AAO Decision (RC denial with econ analysis issue)

Thanks to Joe Whalen for pointing out that USCIS has posted another AAO decision affirming denial of a Regional Center application (May 2, 2011). This decision is very important and interesting. It discusses issues that I suspect underlie many recent denials of applications for initial RC designation (44% of all RC applications adjudicated from 10/2010 to 12/2011 were denied) and details what USCIS is looking for in the economic impact report and TEA information. As the AAO summarizes the issues resulting in denial:

The applicant seeks approval of an extremely broad proposal that covers seven broad investment possibilities. For the reasons discussed below, while the applicant need only support the proposal with general predictions, the economic analysis fails to sufficiently address all of the proposed types of investment possibilities for which the applicant seeks approval. In addition, parts of the analysis rely on assumptions for which Dr. _ provides no source. Finally, the AAO acknowledges that a regional center may include investments in non-targeted employment areas. Nevertheless, the proposal implies that the regional center would strive to focus investments within targeted employment areas (TEAs). The petitioner, however, has not established that any such areas exist within the proposed geographical limits of the regional center.

After you read the decision, I recommend you to Joe Whalen’s entertaining and insightful analysis of it.