Questions for USCIS Engagement
August 11, 2019 13 Comments
9/9 Update: USCIS did not answer even one of my questions in the engagement. (There was one piece of information — that IPO currently has 212 dedicated staff — but the call did not state whether these staff are currently assigned to EB-5 work, or among those temporary assigned to other agency priorities.)
From: suzanne@lucidtext.com
Sent: August 11, 2019 6:03 PM
To: ‘public.engagement@uscis.dhs.gov’
Subject: EB-5 EngagementThe following are my questions for the EB-5 Immigrant Investor Program: Listening Session, Monday, September 9, 2019.
- Processing Volume Questions
In the October 5, 2018 meeting with IIUSA, IPO Chief Sarah Kendall reported significant productivity improvements, which “represents that it was a good decision for the leadership here to invest additional resources in the program.” The changes to processing volume (completed adjudications) between FY2017 vs FY2018 YTD were +21.9% for I-526, +.2.6% for I-829, and +72.5% for I-924. However, productivity has fallen since then. Comparing FY2018 and FY2019 YTD (Q1 and Q2), the number of EB-5 forms processed decreased by half or more: -47% for I-526, -50% for I-829, and -76% for I-924.
Does IPO’s dramatic drop in productivity in FY2019 represent loss of resources, or a different approach to adjudications? If loss of resources, what caused this loss, and can it be remedied? (Has the large drop in EB-5 receipts resulted in reduced investment in EB-5 adjudications?) If reduced productivity is due to changes to the adjudications process or standards, what are these changes? (Has there been a change in workflow? In deference policy? In RFE standards?) Does IPO see any prospect of returning to the processing volume achieved in FY2018? If yes, when? If not, why not?
- Staffing Questions
In the October 5, 2018 meeting with IIUSA, IPO Chief Sarah Kendall reported that “we are fully staffed now,” with “close to 200-plus personnel at this time” including FDNS, Adjudications Management, and a support team. What is the current staffing situation – total, and by department? How many personnel are dedicated to each type of adjudications: I-526, I-829, and I-924? Does IPO anticipate any additional hiring this year, or any reallocation of staff?
- Adjudication Priority Questions
The “Check Case Processing Times” page on the USCIS website says that “we generally process cases in the order we receive them.” However, the wide spread in the “estimated time range” reported on this page indicates that some cases are being processed two or more years earlier than others. Can IPO comment on reasons for this wide range in processing times? Do any of these factors result in some petitions experiencing longer wait times than others: whether direct EB-5 or regional center investment, the number of EB-5 investors in the project, the investor’s nationality.
- Response Time Questions
After a petitioner has filed a response to a RFE or NOID, how long should the petitioner expect to wait for a response from USCIS? What does USCIS consider a “normal” time between RFE response receipt and decision?
Considering the recent flood of Mandamus complaints, would USCIS like to suggest any additional measures short of Mandamus for petitioners with long-delayed petitions?
- Regulations Questions
What is IPO doing to prepare for the November 21, 2019 effective date of the EB-5 Modernization Regulation? Will Form revisions and policy manual revisions be complete by that time? Will IPO issue additional guidance regarding TEA evidence (to address ambiguities in the regulation regarding acceptable data and methodologies), and priority date retention (to address ambiguities in the regulation regarding the conditions under which the qualifying investment in a previously-filed petition can be counted toward the qualifying investment required for a newly-filed I-526).
Meanwhile, does IPO have any update or timeframe for the Regional Center Program regulation (RIN 1615-AC11) and EB-5 Immigrant Investor Program Realignment regulation (RIN 1615-AC26)?
- Regional Center Compliance Questions
IPO terminated 83 regional centers in 2017, 133 regional centers in 2018, and only 11 so far in 2019. Does this drop in terminations reflect a change in standards for regional center activity or compliance?
- Pending I-526 Data
In October 2018, IPO posted on the USCIS website a list that itemized pending I-526 by country of investor origin and priority date. This data was extremely valuable to program integrity, helping prospective investors to make informed decisions in light of the EB-5 backlog. But this list has since been removed from USCIS.gov. Will IPO publish an updated version of the list?
- Public Engagement
What can the industry do to best support IPO at this time? How can we help to reduce processing times? What input would be helpful from us?
We really appreciate this opportunity to engage with USCIS. Thank you!
Suzanne Lazicki
Lucid Professional Writing
(626) 660-4030
http://lucidtext.com/
EB-5 Updates 
Suzanne, You always speak the mind of the “EB5 Community”……. You rock – as always !!!!
Thank you Suzanne. You are the voice in the wilderness for EB-5 stakeholders!
Hi Suzanne
Regarding the processing volume question, can you also please include 485 processing in it.
Our AOS application was not moving any further from fingerprinting fee accepted from 6 months
Thanks
Geeta
This is normal for AOS, it can take more than a year. Don’t worry.
IPO does not process I-485 so would not be able to answer questions about it. But indeed, historical processing time reports suggest that I-485s have been taking about a year on average https://egov.uscis.gov/processing-times/historic-pt
Suzanne,
Happy to see the detail questioners. You just hit the nail on the head and covered all the gray areas. good job!
Suzanne, There is inconsistency in the data that was present with IIUSA in October 2018 and than in May 2019. Slide 4 in May 2019 slide deck indicates the number of applicants + derivatives for India are 514 for year 2017 while that in the I-526 data published in October 2018 has I-526 applicants as 627 . given a multipe of 2.3809 that number should 1492. Also the same slide present in October 2018 had 2017 data for india as 420. How did it raise to 514 in May 2019 while it was 420 in October 2018 slide deck. Request clarification about what does Slide 4 really represent and which data is the accurate one ?
DOS estimates for total applicants+derivatives is on Slide 10, not Slide 4. Slide 4 is just a tally of incoming applications to NVC.
so does slide 4 represent consular processing applicants only ?
The chart title on Slide 4 specifies that it’s a chart of NVC receipts by year. National Visa Center is for consular processing. And note that the slide states that it’s specific to receipts (ie., not total inventory).
Can you clarify what is meant by NVC at 526 stage. Isnt it USCIS that processes at the 526 stage . If so how does NVC even come into play at the 526 stage ?. Can you chime in ?
Ugh. This engagement was a usual disaster. No useful info whatsoever.
I think it was a world record disaster, actually. Never heard an engagement so content-free.