New AAO Decisions, Processing Update, New RCs (AR, AZ, FL, MI, NM, PA)

New AAO Decisions
USCIS has started uploading AAO decisions to the folder for I-526 and I-829 Decisions issued in 2014. The decisions continue to show granular analysis of source of funds problems and continue to scold USCIS on the issue of deference in the wake of the 5/30/2013 EB-5 policy memo. Both FEB102014_01B7203 (a direct case) and FEB102014_02B7203 (a Regional Center case) appear from the AAO’s fact summaries to have been very faulty filings, yet the AAO nevertheless states that USCIS “did not properly deny the petition” because (in the direct case) “the director has not articulated to the petitioner in this matter why the business plan for the first investor was sufficient and the same business plan for the petitioner was insufficient or why deference was not applied to the petitioner’s business plan,” while in the Regional Center case: “the director never explained in writing, as an initial assessment, why the business plan, the business plan addendum, and the economic impact analysis filed in support of the instant petition were not due deference, either because of a material change in the underlying facts or otherwise.” Unfortunately for the direct EB-5 investor, the AAO still dismissed her appeal because her investment amount was $499,955, not $500,000, and therefore did not meet the threshold of a qualifying investment. A good reminder for all to pay attention to those bank fees.

Processing Times Update
An April 3rd update to USCIS Processing Time Information for the Immigrant Investor Program Office indicates that, as of 2/282014, USCIS was working on I-526 filed 5/18/2013, I-829 filed 4/9/2013, and I-924 filed 1/25/2013.

Regional Center Approvals
New Additions to the USCIS Regional Center List 3/19/2014 to 4/2/2014

• Live in America – Arizona Regional Center, LLC (Arizona)
• Arkansas Regional Economic Development Center, LLC (Arkansas) USCIS Approval Letter
• US Access Florida Regional Center, LLC (Florida)
• State of Michigan EB-5 Regional Center, LLC (Michigan)
• Woodmont Regional Center, LLC (New Mexico)
• CMB Pennsylvania Regional Center, LLC (Pennsylvania)