Articles & Resources (Ombudsman, Visa Numbers, Investor Protection, Redeployment, RC Audits), Washington Updates, RC List Changes

Helpful Articles and Resources

• USCIS Ombudsman’s 2017 Annual Report to Congress (June 29, 2017). The EB-5 section of the report (page 30-33) reviews facts we already knew, but is interesting in the way it highlights the EB-5 visa backog as a significant concern. I particularly appreciate the section on the USCIS Administrative Review Process in Employment-Based Decisions (page 23-26), which describes the three alternative administrative options for petitioners who think USCIS has made an erroneous decision: Motion to Reopen, Motion to Reconsider, and appeal to the Administrative Appeals Office (AAO). See especially the very helpful Figure 3.2 on page 25, which lays out the steps and process and considerations in each alternative.
• People who worried about the appointment of Julie Kirchner to Ombudsman (after she previously served as executive director of an anti-immigration group) and other recent appointments will be interested in Angelo Paparelli’s article The Known and Unknown Future of the EB-5 Immigrant Investment Program at USCIS and the Office of the USCIS Ombudsman (2017 Q2 Regional Center Business Journal)
• Bernard Wolfsdorf and Joseph Barnett give a nice summary of possible legislative and administrative solutions to EB-5 visa backlog problems in their post Solutions to the Chinese EB-5 Visa Backlog (July 27, 2017)
• Catherine Holmes and Daniel Lundy tackle another important concern for EB-5 investors in their article The Anatomy of an EB-5 Work Out: What Happens After the SEC Files Complaint and How Can the EB-5 Investors Protect their Interests (July 26, 2017)
• A group of lawyers have updated their white paper interpreting redeployment options in light of the June 14, 2017 update to the EB-5 Policy Manual. Standards and Guidelines for Redeployment of EB-5 Investment Funds (originally published February 21, 2017, updated July 24, 2017) by Klasko Immigration Law Partners, LLP, Arnstein & Lehr LLP, Jeffer Mangels Butler & Mitchell LLP
• Regional Centers will appreciate this practical article USCIS Compliance Audits – Preparing Regional Centers for the First Wave (2017 Q2 Regional Center Business Journal) by Mariza McKee, Kimberly Hare, and Clete Samson

Washington Updates
What is happening with EB-5 in Washington? I wish I knew. Immigration policy generally looks like an orphan child.  The top three leadership posts at USCIS are all still filled by “acting” people (Lee Cissna was nominated but still not confirmed as Director), and now we’re missing a DHS Secretary as well, until Congress can find time to confirm a replacement for John Kelly. That can’t facilitate significant USCIS action like finalizing regulations or hiring. The White House website listed immigration as a top issue a few months ago, and gave an immigration policy statement, but not anymore. (8/2 Update: The White House is now talking about immigration with the RAISE Act.) I hear rumors that lobbyists are still actively talking to Congressional staffers about EB-5 legislation and regional center program reauthorization, but don’t know where that will lead. Congress has so many fish to fry. We wonder whether Congress can even figure out funding the government past September 30, and there’s talk of another short-term Continuing Resolution, which could mean another series of hop-and-skip extensions of the RC program, whose current authorization is tied to the 2017 funding bill. But it’s hard to predict. Insights or insider information, anyone? (8/3 Updates: Senator Cornyn, author of the draft EB-5 legislation released most recently, has announced Building America’s Trust Act, a new immigration bill that doesn’t appear to address EB-5. Representative Brian Fitzpatrick has introduced H.R.3471 with the promising title “To amend section 203(b)(5) of the Immigration and Nationality Act to implement new reforms, and to reauthorize the EB-5 Regional Center Program, in order to promote and reform foreign capital investment and job creation in communities in the United States, and for other purposes.” I’ll report more fully when the bill text becomes available.)

Regional Center List Changes

Additions to the USCIS Regional Center List, 07/17/2017 to 8/1/2017

• Cascadia Regional Center (Oregon, Washington): pathwayseb5.com
• Education Fund SW Regional Center (Arizona, California, Nevada, Utah): edufundamerica.com

New Terminations:

• Anacostia Regional Center (District of Columbia) Terminated 7/18/2017
• AAA Florida Senior Living Regional Center, LLC (Florida) Terminated 7/12/2017
• Allied Artist High Desert EB5 Regional Center (New Mexico) Terminated 7/12/2017
• Rosti Capital Regional Center (California) Terminated 7/17/2017