Call for investor stories to support RC program authorization
December 1, 2021 167 Comments
I do not have definitive news about regional center program reauthorization, but will pass on action items suggested by EB-5 advocates. (Personally, I have decided to celebrate EB-5 legislation as a miracle once it happens, and to avoid predictions before it happens. When a miracle is a necessity, it’s risky to comment in advance on its probability and timing.)
The first condition for EB-5 legislation is a vehicle to which it can attach, and that condition has not been available yet in our crazy Congress. The date for one hoped-for vehicle — the FY2022 omnibus appropriations — remains unknown. It was due by December 3, but political news shows that Congress is still heading to miss that deadline (due to issues much larger than EB-5). (12/3 UPDATE: We now know that a new CR has extended the deadline to February 18, 2022, and per usual is a brief bill with no special interest content, including no RC program authorization.) But knowing the new CR deadline will still not support predictions about EB-5 legislation, since I won’t know whether the new CR is the last CR, or whether appropriations remains the best/nearest available vehicle for EB-5 legislation. Everyone in the EB-5 industry feels the urgency, and will at least try for nearer opportunities as the appropriations act opportunity gets deferred by Congress. (FYI, here again is my Excel file logging the recent history of appropriations bills.)
“Congress’s goal in December: Avoid shutdown and default,” reported The Hill yesterday. If only the headline referred to avoiding shutdown of the job-creating regional center program, and avoiding U.S. government default on the EB-5 visa promise to over 80,000 past foreign investors whose over $40+ billion investment is now at work in the U.S. economy! Those are major concerns, yet overshadowed. The shutdown and default threats occupying Congress involve funding for the entire federal government and the $20+ trillion national debt. Not to mention dealing with President Biden’s social spending and climate bill priorities. No wonder EB-5 struggles for attention.
With the nation’s solvency and Biden’s legacy teetering on the brink, what room is there for any other concerns? And yet I notice the disproportionate power of catchy individual stories. Even reading The Hill, I have had to scroll far down the page to get to major news about the national debt and Build Back Better, down below headlines about the wheelchair shoplifter and Lindsey Lohan’s engagement. People respond to stories about individual experience, especially when featured in print and in a position to get shared.
EB-5 advocates have been thinking about the power of stories. The regional center lobby just conducted a PR blitz with a message to EB-5 investors: please call Senator Leahy and Senator Schumer and tell your story, to urge action on reauthorization. The word used to be: stand back and relax because we have this under control, the key Congressional representatives are on board, and we possess the political capital to get this done. The new messaging acknowledges that reauthorization is not in the bag, that Congressional support is not a given, and that we need all the political capital we can get, including from EB-5 investors who can talk about their important contributing work and/or investment projects in the U.S.. While the case for reauthorization has many planks, the case for urgent reauthorization comes specifically from the plight of past investors, whose pending immigration petitions may be reevaluated after December. The plight of past investors also provides the moral motive for reauthorization. Regional centers and investors equally need that plight to be highlighted, to help motivate urgent action on reauthorization legislation.
EB5IC representatives have particularly encouraged EB-5 investors to call or email Senator Leahy’s office, and tell a personal story about the impact of regional center program lapse. While Senator Leahy practically founded the regional center program and does not need to be educated about EB-5 or the need for reform legislation (as discussed in my previous post), investor stories may help stoke his sense of urgency about the current EB-5 situation, in midst of many competing priorities.
Meanwhile, AIIA is working to gather and disseminate EB-5 investor stories for maximum impact in the media and in personal meetings with Congressional representatives. The media drive is supported by IIUSA and its PR firm FischTank, which can help to get stories placed. Additionally, AIIA is planning a trip to Washington DC next week, and has an urgent call for investors to join in meetings with Congressional reps. If you can assist either or both of these efforts, please reach out to them ASAP. I cannot promise the success of these campaigns, but the effort can only help. And the more participation, the more potential impact.
Quoted from https://goaiia.org/blog/f/eb-5-investors-share-your-story
FischTank would like to develop a media campaign that focuses on the investors’ personal stories, highlighting what you and your families have sacrificed, where you are in your immigration process, current obstacles you are facing, and what you have contributed to your local community. Once FischTank has had a chance to connect with those of you who are willing to share your story, it would then like to package it together to focus on the importance of the program, the impact of the lapse on investors and the communities that have benefited from the program and pitch it to relevant local and national media. If you are interested, consent to your identity and story being made public, and are prepared to speak with members of the press about your story and how this program lapse has affected you, please reach out to us right away at info@goaiia.org
Quoted from an email sent by info@goaiia.org on November 28, 2021
Dear EB-5 Stakeholder,
You may remember we had previously sent an email asking for personal stories of how the EB-5 lapse has affected you. We received a few responses, although honestly, we would have liked to receive more.
As a result of that request, we received a response from Dr. Chandra Ojha, an interventional cardiologist, who lives in El Paso, Texas. Despite being a highly trained doctor, he was not able to extend his full service to the society during the raging pandemic last year as a result of the delay in processing his EB-5 visa. His story was published in a local newspaper. You can read it here: Opinion: I’m an El Paso doctor. The immigration system has put my future in jeopardy – El Paso Matters
Within hours of the publication of his story, the office of a sitting Senator reached out and asked to speak with him.
This is how grassroots campaigning works! It moves things one little step at a time. If this is the power of just one genuine story, published by a constituent living in America, imagine hundreds of such voices being heard all across America and the power they would have to move things in our favor.
We need more people to speak up and advocate for themselves. We need more voices to be heard. We need you to step forward to help our community that is hurting because of the Regional Center program lapse.
There is something we urgently need your help with now. We are looking for EB-5 investors (or their dependents) to visit lawmakers with us in Washington, D.C. on December 9 and 10.
We hope that issuers and immigration attorneys alike can also help us with this effort. We are lining up a series of meetings with members of Congress and are seeking investors that have invested in a project in these following areas:
– Texas (especially Houston)
– Iowa
– South Dakota
– South Carolina
– Illinois
– Vermont
– California (specifically Silicon Valley)
– Arizona (Phoenix)
– Upstate NY (Syracuse)
– Ohio (North of Cleveland)
– Georgia (South of Atlanta)
As a reminder, locations of investment is more important than residence and we are seeking investors whose projects are located in the areas mentioned above. Attorneys, we request you to forward this email to your clients and we appreciate getting your support in working together to achieve our common goal of helping EB-5 Regional Center investors continue their immigration process.Read more at https://mailchi.mp/goaiia/dc-trip
EB-5 Updates 
Hi Suzanne,
I received an e-mail a few weeks ago from Carolyn Lee PLLC about an upcoming webcast that you will be featuring on, scheduled for December 15. Unfortunately, the registration link points to a different event (at least for me). Would you by any chance have your own registration link that you could share with us? Thank you so much for all your great work.
Here you go: https://tinyurl.com/2ykbrk5j I’ll let Carolyn know about the link error.
I heard from my regional center that the senator who decides EB-5 reauthorization is Chuck Schumer. His website is: https://www.schumer.senate.gov
I’m a Regional Center investor. Applied for I-485, I-765 and I-131 on December 3, 2020. Received an approval for I-765 and I-131 on November 30, 2021 – took almost a year.
Hi DK, congrats on the approval – did you receive approval for I-765 & I-131 naturally or did you expedite it?
J – thank you. It was natural without expediting.
Congratulations DK. You are the first person I know, since 06/30/21 to have received EAD/AP. We all should have had CGC long way back but this itself is an uplifting news in all the doom and gloom.
Thank you. I wish you and everyone all the best. The community that Suzanne has built because of this blog has been the only ray of hope through the process.
Hi DK, Congrats. Which Service Centre did you use to file your I-765 and I-131?
Thank you! It was the California Service Center.
The EB-5 regional center program was not reauthorized? Is it right, Sir?
I heard that the EB-5 regional center program was not reauthorized and suspended until March 2022? Is it right, Sir? Thank you!
The regional center program remains not authorized. It is expired indefinitely, until a new law passes to renew it. One hoped-for vehicle for reauthorization — FY2022 appropriations — had been originally scheduled for December 3, 2021, and now deferred to February 18, 2022. This does not mean that the RC program is suspended until February. It just means that one hoped-for legislative opportunity is deferred to February. A different opportunity may become available before then. It’s also possible that FY2022 appropriations will still not be ready by February 2022, and that that deadline will be extended again.
Hi Suzanne,
I have sent 10 emails to Senator Leahy, Grassley and Schumer, 3-4 for each, telling them the miserable experience and stories during the EB-5 journey, and raising damage for my family mentally and physically. So far, no reply at all. Probably, my story is not touching for them, or they are so busy to take time to read my messages.
My EB-5 regional center investment project with the investment of $50 million by 100 investors has created close to 1500 full time jobs, and made good contributions to U.S. economy. I have been waiting for almost 8 years after my I-526 got approved by USCIS. As a multinational company senior executive in Asia, I have full professional skills to bring to U.S., also will have further investment the market after I move to the States.
My daughter’s education in the States has been delayed, and my family’s plan has been total ruined. I don’t know what else I can do at this stage, but waiting indefinitely. I appreciate all your efforts, please let me know if anything I can support.
Daniel Deng
Dear Daniel,
Your story can help, if you follow the blog. Please reach out to AIIA (details above). Especially if your daughter already has a position and unable to start.
Combination of last few years of visa slavery and tragedies with EB5, have made me give up. On the contrary, I am hopeless with the way things in US are (never imagined, I would ever day that). I have been here since 2007, had an amazing 7 years of training but last 7 plus years of visa discriminations and disparities, doused my enthusiasm and positivity completely.
Please share your story and expand it as much as possible. Why did you feel down? What worries and insecurities did the lapse/ stop of progress give you ? If you need help, I have an excellent editor ! We can do this together
You have a moving story, and I think it would be great if you shared it with info@goaiia.org as well. Emails to Congress have an impact depending on what the staffer who reads it decides to do with it, while a story in the media can have a wider impact.
Country: India
I526 filed- Jan 19th, 2018
I526 approved- Oct 2020
I485 applied- Nov 2020
EAD/AP card received- Dec 2nd, 2021
California Service Center
No expedite processing
I wish everyone the best. Hope every one of us get our green cards ASAP (I hope EB5 gets reauthorized ASAP).
Congratulations Ronil. Good thing is you would have got EAD/AP for two years. However without reauthorization, it’s not of much benefit except emergency travel (if you live in US). If you can, please help the investor community and yourself by looking into AIIA (American Immigrant Investor Alliance). Details in the post.
Thank you
Rohnil, it brings me great smiles to see your case has been approved. Please, as a sign of thankfulness , donate to the Investors Alliance and share your story. We also would like to see that ray of light you saw after so much effort.
https://www.newsmax.com/newsfront/shutdown-agreement-congress-senate/2021/12/02/id/1047044/
Latest news: https://www.newsmax.com/newsfront/shutdown-agreement-congress-senate/2021/12/02/id/1047044/
Thank Suzanne for maintaining this website – a trust website including IIUSA. Congress can take time to negotiate, submit changes and consider reauthorization. However, they must process pending application as pervious standard. They are damaging US reputation by putting all previous investors’ applications on hold. Please push them to pass standalone FIFPA. All organizations including AIIA please do their real work. Please do not take advantage of the situation to earn profits on the pain of the others. I’m willing to join the trip to Washington DC and donate money but I also want to see real proven work, not just marketing techniques.
Hey Hayden, I am the founder of AIIA and I can tell you first hand that we are doing exactly as we have specified in our many newsletters and blogs. None of us want to be in this position, nor are we trying to take advantage of it. AIIA is simply a collective of EB-5 investors trying to do the right thing. I hope you will join us and see for yourself.
Government is now funded through February 18. Below is Senator Leahy statement on the Continuing Resolution.
Nothing …
Click to access BILLS-117hr6119ih.pdf
And now?
Peter, what about december, 17 ?? any possibility ?????
I dont believe anymore in dates. I am not a lawyer, but what i have learned about american law languages is: as long as its not a “must”, nothing will happen and you are in the wild west.
And to find a “must” in the laws is rare. So you can play around.
Let me point out this:
If Congress can’t agree on 12 separate bills, it can pass an Omnibus bill with funding for multiple areas. If the budget is not completed by the new fiscal year, Congress must pass a continuing resolution authorizing temporary funding at the previous year’s levels or face a government shutdown.
Source: https://www.usa.gov/budget
1. Option: Where is the Omnibus bill now?
In my understanding it can be at anytime now and thats a possibility. And yes, it can be named also Cromnibus and Minibus…
2. Option: Recapture of unused visas
Could be at anytime this year – Plan C Immigration Reform. Its an option to continue to process pending applications for USCIS. All this is known.
Source: https://www.aila.org/File/DownloadEmbeddedFile/90221
https://mp.weixin.qq.com/s/tr7OX5ElUNaaOX_wAn-K5w
What ever it is, its known for the lawmakers and a joke to have a call to the investors to involve us now. I am waiting for the final call: Please cry and publish your videos on TikTok.
I believe 100% the final date is fixed since months and its known behind the doors. And investors and potential investors must be entertained with hope. Many things could have been straight forward. Dont forget to donate or just eat an ice cream 😉
Very disappointed in EB5 not being renewed. I feel like the goal post keeps moving and we are left helpless in the situation. My EAD/AP card was issued to me on Nov 17th, is there a possibility that USCIS will throw out my existing I-485 application? Will my EAD/AP be revoked in that case?
The possibility exists, but I doubt that regional center petitions and applications will start being denied before the RC program has even had a chance to be renewed. There would be no point.
Is it possible that a grandfathering clause be included in the BbB bill?
I’m not at all optimistic about the prospects of re-authorization. I’m equally pessimistic about the US Congress passing any kind of grand-fathering bill for existing investors. Grand-fathering of existing investors, is going to be fought in and decided by the courts. I’m anticipating a flurry of lawsuits once USCIS changes its language around holding petitions in abeyance.
I also anticipate a flurry of lawsuits, but fear that the flurry will be fueled by unscrupulous lawyers willing to prey on desperation. Because realistically, what hope could lawsuits have? The EB-5 investor eligibility issue doesn’t turn on the interpretation of a law or policy, but the fact that a law simply no longer exists. It’s not that the legal basis is controversial, but that it’s gone. The courts can’t make the law come back. Efforts do need to be focused Congress, to restore a legal basis for regional center investors to stand on.
I wonder if people in adjustment of status could make the case that they’re in this mess because USCIS didn’t adjudicate their application “on time” (whether i526 or i485)
Utter nonsense from the US ( Banana Republic), there is a breach of contract between the investors and the US. unless there are lawsuits , congress wont bother with taking care of existing investors
All regional centres are liars! Their task is to keep our investments in their wallets!
What we know until today?
There are only donations or fees in usa 😂 I will open an AR donation store on Metaverse – just swipe the card and feel the hope.
Remember me… yes he did. He knows about EB5. And all without calls for donations.
Waiting for Jeffs new video. I hope he can address the Omnibus/Cromnibus/Minibus or if we have just to wait until April.
As I mentioned about it in my previous posting, there is a Plan C regarding the unused visas.
As we have learned and i have shown you already drafted AILA that already: https://www.aila.org/File/DownloadEmbeddedFile/90221
And look what is inside in the BBB (Built Back Better Act), Sec. 6002, which has already passed the house:
https://www.congress.gov/bill/117th-congress/house-bill/5376/text
So now I am asking myself, since the great EB5 industry, never mentioned that, are we getting our pending petitions processed by this way?
I am really wondering why not Jeff or Suzanne is not providing more information about it. We have watched many videos and seen many charts but nobody was ever able to report clear about the only important things on one page. I hope we dont need to figure it out through the next webinar piece by piece. It hurts already enough…its like we are part of a horror movie and someone wants to cut the finger one by one.
Donations are not worth it, dont fall into the trap. There is either an omnibus bill now or just the way to use unused visas for USCIS (waiting for senate this month). The HR2901 it selfs will pass anytime next year – forget the S831 – otherwise there wouldnt be any new fees.
I note that you find it worthwhile for me to donate time to do tough analysis and make it freely available. But don’t consider donating to support people doing generous work — it’s a trap! Belong with the takers, and let others give!
I have not written extensively on visa number recapture because it’s questionable whether it will be in the final BBB, and because it promises little practical benefit for EB-5. The headline would have to be “here is something that probably won’t happen and probably won’t help if it does happen.” Mere supply availability is not the only factor in EB-5 visa issuance. RC investors are not getting visas today not due to a lack of visa numbers (a record 19,000+ are available this year to EB-5 thanks to recapture from unused family-based visas last year), but because RC investors are legally ineligible for even one EB-5 visa while the RC program is not authorized. The BBB proposed recapture of past visas numbers would increase EB-5 numbers temporarily but not change the eligibility issue for RC investors. Also consider last year, with over 18,000 EB-5 visas available and the RC program authorized, but fewer than 4,000 EB-5 visas issued. This is a reminder that the number of EB-5 visas available is also irrelevant if consulates and USCIS lack capacity to issue them. Last year was abnormally constrained by COVID-19, but in a normal year consulates still only have the staffing for the number of interviews and cases they normally deal with, and don’t have the personnel to deal with surges. And with the way visa allocation works, EB-5 can only actually use as many extra visas as can be packed in a one-year surge, because the visa roll-over rules make whatever numbers EB-5 can’t use within in the year it gets the numbers roll over to other categories for the next year. Processing capacity effectively limits EB-5 to about 10,000 visas per year, so I don’t see visa recapture making much difference even if the RC program is reauthorized soon. To quote Charles Oppenheim: “Only a certain amount of water can go through a straw regardless of how much water you try to pour down it.” The only plan for regional center investors to get even one visa is a law change ASAP to make them eligible for visas — which law change could come by reauthorizing the regional center program (Plan A) or grandfathering RC investor eligibility for visas (Plan B). If the RC program is not reauthorized, the few direct investors in the system will have plenty of visas available and no backlog even without visa recapture.
OK. I am going to donate to AIIA, even though I don’t see anything transparent through their action. Maybe a donation will open them up to me.
Btw, I was never unappreciative of your work or critical analysis of data. Thank you.
👀
Its a law change (BBB, section 60002) once it has passed and it doesnt close the interpretation that only EB5 (direct investment) is available. An investor invested under the EB5 category, filed on time and was eligible for a visa during 1992-2021.
The lapsed EB5 pilot program is dead since June 30 – Version 1
Now we are waiting for the break through of the new EB5 pilot program – Version 2
I understand that you get upset with my comments, because it doesnt fit into the business/marketing strategy. Yes I am a taker, and I am a giver – just without donation. And still I am exited for the next twisted stories, even that I have to wait longer.
Now we can’t talk anymore about any “must-pass”, now we can not talk about any CR, now we have the left over the Omnibus (“can” option), 12 appropriations bills with amendments or just the miracle of a law change (BBB) for the pending petitions of EB5 Version 1.
And this all was not clear for the industry? Impossible. Whats next?
My EB-5 business depends on EB-5 being viable and attractive, so I will certainly rush to share any possible good news. BBB Sec. 60002 is simply not news for regional center investor eligibility, and I don’t want to add to the noise of to-be-disappointed hopes. The sad fact is that the act of I-526 filing does not lock in visa eligibility or availability as of the time of I-526 filing. Applicants depend on their eligibility for admission at the time of admission. This fact is what grandfathering legislation seeks to change. https://goaiia.org/blog/f/foreign-investor-fairness-protection-act-faq-and-update
Thank you.
1) Omnibus (HR2901)
Or
2) Hotlined (because USCIS needs a solution for pending cases)
By end of the year.
So simple.
HI Peter
Could you please elaborate/”dumb it down” for me, on what you mean by your post above regarding plan C unused visas.
Do you mean this is where the “grandfathering” will come from for current investors?
That we will continue being processed if the BBB bill gets approved by the Senate and then at a later stage HR2901 will pass later to reauthorise the EB5 RC program
Sorry if this is a silly question, but I would like to understand what you mean by this.
Thank you
You can can called it “grandfathering” limited edition. Because it would apply for petitions between the fiscal years 1992 through 2021. Those unused visas would be available for USCIS. So that I believe that this will apply also to EB5 under RC, because finally it was not our fault that they didnt work fast enough on our filed petitions + it doesnt exclude you – so there is a gap to apply those unused visas to us as well. The most important is that it includes your category and your timeframe, and there is no exclusion (limitation). Otherwise it would be written down but they kept it open. I am sure that nobody is interested to make a grandfathering forever. But pending petitions need to be solved.
Thank you, Peter. Hope springs eternal.
I hope that the AIIA (or any other) would not jump in and take credit for that.
I’m sorry to take away hope in a moment with so little, but this analysis is not correct.
Its a law change, once it has passed. Provides interpretation and an option.
Both members of US congress and regional center representatives are ‘Frauds’. They have used investor funds to their advantage and have absolved themselves from their responsibilities. This is nothing but a disaster. NO RESPECT.
I cannot believe how unscrupulous these RC center rogues are.
Their latest take on the CR.
” CR until 18/02/2022 without EB-5 RC reauthorization. We have a limited time to file under Direct EB-5 with only $500,000. Call today.”
They dont care about you. Just the money or any donation.
I am excited what are the next excuses. The dumb foreigner dont get it, lets twist the story again. Remember: an omibus can be made… its only “can”… something must pass but it doesnt say its for us… many ways are leading to Rome. By the way my pizza was great today here.
Dear Peter,
I respect your rights of free speech but please stop using terms like “dumb foreigner”. You have no idea, under what compulsions, what challenges, what hardships, after what sacrifices and what tremendous stress, so many of us were forced to file EB5.
Ask me, I am pioneer clinical Interventional Cardiologist, did things which has not been done yet in America, still faced wage theft, visa exploitations (still do), pay disparities and breach of contract. I wasn’t dumb and neither were so many thousands of my co-investors.
So please, stop your below the belt hitting. Human history is about slavery, conquest and exploitations. However it also is about Martin Luther King and Nelson Mandela.
So don’t make our life more horrible, pause, think and if would not use those words for yourself and your family, DON’T use it for us.
Dear Chandra, i am included as well. Doesnt where you are… its everywhere the same regards immigrants. So take it easy.
We are not in a perfect world. Its easier to see it from the view of a seller. And doesnt matter who you are and what you are… its about the money. Even a donation against hope. As long as money is involved you will not find the perfect world. Nobody has forced you to spend 500k. You could have also filed for asylum and to have an own baby to remain or just your employer is sponsoring you or you get married with a citizen. Please dont call an investor “as poor”, its a privilege to be in this situation compared to millions other ones. Your story sounds to be the perfect one for the lobby. I dare to say that the most of EB5 investors are involved in trade and barely finished high school.
Dear Peter,
There are so many things which you fail to grasp and so many things, you just make up. I did not use the word “as poor “. Where ?
Look man, you have lots of things which you bring to the forum, be less personal and more holistic. You have no idea, who the people are, what their circumstances are and why they did, what they did. Don’t berate your fellow investors, immigration process and industry already does that. Least we can do is to be kinder to each other through this journey. If you don’t get such basics right, trust me – US is not the place for you as an immigrant.
Regarding my story, nobody forced me. I have a story and am sharing it for bigger purpose with the hope of persuading Americans to understand our plight and lend a helping hand. Lot of people already have ( I call them “salt of the earth”).
https://edition.cnn.com/2021/12/03/politics/immigration-build-back-better-parliamentarian/index.html
What does it have to do with us ?
Everything. I will cling on to that straw now.
The immigration provisions in the House BBB bill do not include regional center program authorization. The BBB provisions would provide some EB-5 visa relief, if passed. (But EB-5 does not need visa relief while there’s only direct EB-5 demand and no direct backlog, so BBB visa relief would only help if/when the RC program comes back.) EB-5 applicants are “the beneficiary of an approved petition under subparagraph (H) of section 204(a)(1) mentioned on p. 912 of the House bill.
If its not specified in the law then it leaves the door open to USCIS for their own interpretation. BBB would allow USCIS to work on unused EB5 visas between 1992 and 2021 and it would open the door to provide admission and eligibility to issue visas. During that time EB5 visas for regional centers and direct investment were available. Since USCIS has so many RC I526 pending applications they could use that “gap” in new BBB law to resolve the impasse. You get the idea.
I absolute do not believe that an old lobby/industry will let win a young new group with a grandfathering bill. And i also do not believe that all minions of the involved industry is running like crazy to the lawmakers. We couldnt even get a nice photo of any eb5 meeting with the lawmakers. Just only for good PR.
For BBB to open the door to provide admission and visa eligibility for regional center applicants, it would have to positively specify that regional center applicants are eligible for admission even during a regional center shutdown — or generally specify that visas can be issued to applicants under the rules that applied at the time the visa number was originally available, or at that time the applicant filed the initial petition (neither of which provisions exist now). But BBB does not do that, and I see no basis for USCIS or DOS to interpret that it does. If only it worked to read into silence what we wish were in legislation! I’d feel so much better! BBB could be nice for EB-5 (particularly Adjustment of Status applicants) if the RC program is reauthorized, but without re-authorization it does not help.
But wouln’t be easy to accomodate a grandfathering clause on BBB? Couldn’t any congressmen do it and count with general support?
On June 30, parts of the EB-5 industry got the Grassley/Leahy bill blocked, with the reason that passing a slim bill without industry priorities would defer the chance to pass reauthorization with industry priorities. For grandfathering-only to have general support, these industry factions would need to be talked into belief that regional centers would benefit from it. I think they would benefit in fact, considering that investors are past losing patience, and grandfathering would buy RCs the more time they need for a chance to salvage the program’s future before they lose their past. But right now, EB5IC for example opposes the grandfathering effort as competition for the reauthorization effort. People like Grassley who want EB-5 reforms may also need to be talked into a provision that would remove some of the pain that motivates legislation with reforms. AIIA is trying to organize investors to make these cases.
Please move forward with standalone FIFPA. I’m sure that Congressmen will not object to that. The key is to protect existing investors first before trying to attract new investors with reauthorization. Otherwise, it will damage the reputation of EB-5 industry. The reauthorization has missed three times to pass. It may need a pause from the Congress side. They clearly show no interest in the reauthorization in the near future. Protecting existing investors is protecting the EB-5 industry.
Did anybody ask Jeff Campion (Pathways EB5 / EB5IC) why he thinks that grandfathering is competition for him? And why he doesnt support it?
He should make a video! Instead of to hunt for new investors today.
Jeff your answer please!!!!
My RC sent this message:
“The expectation that the EB-5 Regional Center program reauthorization will be added to a final Federal Budget measure waits until next February for its next opportunity.
In the meantime, the EB-5 industry has already made requests directly and through Congress that USCIS continue their current practice of taking no negative actions on pending I-526 and I-485 submissions and continue their adjudication of pending I-829 petitions. When there is an official communication on this point from USCIS, we will let you know.
“
“In the meantime, the EB-5 industry has already made requests directly and through Congress that USCIS continue their current practice of taking no negative actions on pending I-526 and I-485 submissions”
This absolutely sucks! Instead, why don’t they propose to continue to adjudicate pending 1-526 and 1-485, as they were under the law that existed at that time? What is the beef of the EB-5 industry?
Yes, that’s very frustrated. Investment has been made. Fund has already invested. Jobs have already been created. Then they put all existing investors on hold. They only attempt reauthorization to attract new investors. No one cares to protect existing investor. Forums everywhere are calling donations from existing investors. I’m willing to donate. I’m willing to participate to Washington DC trip. I sent an email to AIIA asking them to join the trip. They have not sent me a reply yet…
@veedster
Wait for the walk of “cry” at the capitol next week. Maybe we are getting the photo with a lawmaker. And we have a happy ending soon. Perfect to send the newbies to there instead of the known faces. It shows that lobbying is working, we all were fighting like lions.
Look at all those events around the world: webinars, worldwide events and even new office in Mexico… all for EB5. Check twitter for eb5. Now is the time to collect all potential contacts. You need only to pick up the money.
Doesnt matter about the current investors for now. The next are waiting to be in the pyramid. And you can read the stories of heroes and that the industry/lobby is taking care of you. All what is happening now will be forgotten.
The Circle of the EB5 Ecosystem. Welcome to the bright future.
The EB-5 regional center program is over. It’s done. There’s no political will in either party to renew it. The regional center staff are lying to prospective investors about the chances of renewing it in hopes of getting a few more suckers to give them $500,000 before people realize the regional center program is hopeless. The click-bait headlines about “imminent” regional center renewal are desperate attempts by dishonest or delusional regional center staff to attract money.
Investors who put their money into regional center EB-5 programs need to start disengaging from the project and getting their money back in order to cut their losses. Investors are more likely to win cases against regional centers for lying to them about the risks of regional center de-authorization than they are against the U.S. government. After all, the expiration date of the regional center program was public knowledge. It is up to investors and regional centers to know that date and plan accordingly.
Future investors should make business plans that assume Congress will do nothing on immigration. If your business plan requires Congress to pass something in order for you to achieve your goals, that is a bad business plan. The direct investment EB-5 program assumes Congress will do nothing on immigration which is highly likely.
Direct investment EB-5 projects are the best alternative to the dead regional center program. Direct investment EB-5 projects do not require Congress to do anything in order for investors to receive their visas. The direct investment EB-5 program is written into law with NO expiration date. And since there are very people investors currently pursuing this route, future investors will have no waiting time like they do with the regional center EB-5 visa.
Bhavesh…. I mean David..
Direct EB-5 operators are the same RC operators in a different color coat, right? YOu know that, don’t you?
See below.
AAAAAAAAAAAAAAAAAAA is one of the largest EB-5 regional center operators with 15 USCIS-approved regional centers covering 20+ states.
I posted their ad without the name,. It somehow got deleted.
The direct investment EB-5 visa program is still available and the best alternative for future investors. It is written into law with NO expiration date. It does not rely on Congress to do anything. And since there are many fewer investors in that program than the regional center program, there will be no delays in issuing the visas.
The direct investment EB-5 visa program is still available and the best alternative for future investors. It is written into law with NO expiration date. It does not rely on Congress to do anything. And since there are many fewer investors in that program than the regional center program, there will be no delays in issuing the visas.
If the us government doesnt care about the current RC investors, i wouldnt do either any direct investment. Because the entire immigration process takes too long time. And it confirms that the target is maybe to have other kind of immigrants.
Right now I dont know if I can blame the lawmakers. My hate is more about that the industry has a terrible way of public communication towards existing investors.
Its better to post on Twitter and other channels: Dont invest. Its a trap.
And to spread frequently negative news about EB5 instead of planned marketing campaigns by donations. I am sure the majority of investors is waiting 6-8 years and it will never change.
Most important is to have webinars and events to collect the next potential idiot.
@David
Are you Bhavesh posing as David ? Few questions
1. What is the I – 526 processing time for Direct Investment ? Isn’t it the same. 44 – 76 months at this point
2. What is the I – 485 processing time for Direct Investment ? Isn’t it close to 24 – 36 months.
My Dentist friend made direct EB5 investment and opened up a dental practice in December 2017. Still struggling. Approval in January 2021. He has finally had biometrics done but his wife, a Family medicine physician, is still waiting for Biometrics.
So guys please don’t be fooled by the fraudulent claims of EB5 Direct options. It’s actually even a bigger trap than what we RC investors have got ourselves into. PLEASE be very CAREFUL, spread AWARENESS and do every due DILIGENCE. NEVER, I mean NEVER EVER trust these industry people anymore.
(PS : I am doing this to raise awareness, not dissuading anyone)
Forgive me for possibly being naive, but surely the regional centres cannot actually take the money from the potential investor now, as they cannot produce a green card, as the program is dead.
I took the RC advertising and gearing up for their projects as a positive thing, to me it meant they are gathering potential investors for when the program gets reauthorised. As they are sure it will be reauthorised, and am sure they know when it will be.
The agreement is basically money for green card and if the RC cannot offer the green card they cant sign or take money from a potential investor now.
https://www.eb5investors.com/blog/eb5-stopgap-spending-bill-reauthorization
https://www.cmbeb5visa.com/news/article/congress-passes-continuing-resolution-to-avoid-government-shutdown
Quote:
“ Beshara says the good news is there may be an approval by U.S. Congress and/or USCIS and/or the U.S. State Department for “grandfathering” in all pending EB-5 petitions and CPR Applications filed under the EB-5 Regional Center program, “so that they may continue to be processed even though the EB-5 Regional Center program has not been reauthorized.”
Should we hope ?
Can the USCIS grandfather by their own decision? If so, what the hell are they waiting for?
Quote:
“ Beshara says the good news is there may be an approval by U.S. Congress and/or USCIS and/or the U.S. State Department for “grandfathering” in all pending EB-5 petitions and CPR Applications filed under the EB-5 Regional Center program, “so that they may continue to be processed even though the EB-5 Regional Center program has not been reauthorized.”
Should we hope ?
No. Dont put hope into something whats related with donations. We just continue with “must-pass” – must be without us.
Uscis will still continue to hold the pending applications. Because no budgets are approved. Simple.
Please dont donate!
Really Peter? “Please don’t donate”. If you don’t want to join other investors to work together and fight for themselves or if you don’t see the point in in working side by side with other immigrant investors, that’s your decision. No need to discourage others.
I will send an email to USCIS sometime today: USCIS.ImmigrantInvestorProgram@uscis.dhs.gov
The current expiration should not affect existing investors. We have spent years waiting, spent years preparing family saving funds, spent years doing research about the investment projects, attorney consultation… It’s a very costly and time consuming process.
Why do the new laws affect the cases that already happened in the past? Will they take back green cards that have already been issued to EB-5 investors due to expiration of the EB-5 program? If not, then they should not deny EB-5 applications that have already invested in the past.
Tell them the your cases, your reasons – be careful with your language – should be polite and formal.
Protect yourself. Contact authorities, contact congress members directly. Nobody protects you but you. Do your work.
Nobody cares. Except you make a donation and a PR agency gets paid. Sorry to say that. We are just a number for the gov. And a cheap bank for other peoples business.
Hiep, I’m very sympathetic to your situation. I have an overseas friend who is in the same situation as you. I know how bureaucratic, time-consuming, and expensive the immigration process is. EB-5 investors have to endure all of that plus the the investment and job-creation period. The situation sucks and Congressmen and women absolutely ought to allow people who started the process when the regional center program was authorized to get their visas. But Congress is dysfunctional and the EB-5 program is obscure and without powerful champions.
I estimate there is a 20 percent chance that a judge comes to the rescue and orders visas be made available. There have been several judicial decisions in the later few years about other visa categories like the Diversity Visa, Special Immigrant Visa for Afghan interpreters, and refugee resettlement visas in which the judge ordered more visas be issued. But don’t count on it.
To all investors: how quickly can you get your money back from the regional center?
I don’t have any information on EB-5 direct investment time frames. I don’t know how fast they are processing forms. But at least the program is authorized indefinitely and the new chief of USCIS Ur Jaddou wants to greatly increase the productivitiy of USCIS. This blog had a glowing post on her last spring when she was nominated. The Biden administration is broudly pro-immigration unlike the anti-immigrant Trump administration. Who knows what will happen after 2024? Take advantage of an immigration-friendly Biden administration now.
Look for key words like “may”, “planning to”, “might”, “will probably”. Those words mean the author is making the news up and giving people false hope. It’s sad. Until you read that a judge has ordered investors be grandfathered into visas, or Congress has passed a bill which the president signed, don’t believe these regional center staff. They do not have any access to insider information.
The regional center staff are trying to convince existing investors to stay the course and not pull their money out. The regional center staff are also trying to attract new investors with false hope that regional center reauthorization is imminent. Regional center rauthorization is NOT imminent and it’s unlikely a judge will come to the rescue of existing investors, and highly unlikely rescue future investors.
Until you read on this blog that the regional center program has been reauthorized in a bill signed by the President, and then you check the document online yourself, consider the regional center program dead.
David, Thank you for your advice. I highly appreciate that. The most difficult part for direct investor is hiring enough 10 full time jobs. I’m currently living in the US. I already started my small business here under OPT. My wife and I, both got doctorate degrees here. I will definitely move forward with direct investment if I know for sure that Regional center is dead. Pulling out money from regional center is painful because the investment has already cost a lot of life time savings. In addition, I still have positive hope with existing investors because congressmen, judges, USCIS are all human. Moving to direct EB-5 now will begin again another lengthy process — at least two years processing I-526.
@ David
First customer. So easy. Wow.
Hiep, if both you and your wife have doctorates then at least one of you might qualify for an EB-1 or EB-2 immigrant visa. You don’t need employer sponsorship if you apply for and receive a National Interest Waiver (NIW). As always, consult a good attorney before doing anything.
I am simply an observer of immigration news and policy. I do not have any connection to any business or law firm. I wish the best for all the investors and businesspeople who want to come to America and help its economy grow.
Thank you for your info. As far as I know, EB-1, EB-2 are only usually workable in engineering, IT, maths etc. (STEM). Other areas are very difficult in RECENT years.
https://mp.weixin.qq.com/s/mgWf-jNGd3dwFaS11akeUQ
I’ve been reading this blog a long time. I’m not an investor but I have a friend who is. The failure to reauthorize the regional center program frustrates and angers me because I know how much time, effort, and money investors have put into their projects, helping the U.S. economy and American workers. It’s terrible that some regional center staff are giving false hope to investors with predictions of imminent re-authorization. The longer people hold on to the regional center program, the more they prolong their immigration. I really think investors need to move on to other pathways for immigration. I hate to give bad news but I want to prevent investors from getting ripped off.
@ David
Who are you? If you are not an investor, i am guessing your are a seller for direct investments.
Can you protect me with a direct investment? I am willing to pay another 500k and more. Please make sure that my pain is quick over. I dont like sadomaso business. Can we start with a donation first for further information or can we just pay by our contact details via webinar?
Oh, this is ” the firm I used”. lol!!!
Sometimes, we have to step back and think. More opinions will still help us to judge the situation in more aspects. Before making decision, we will still do our own research and compare between options, costs and benefit… The key now is to find a person who has enough power to influence the authorities.
Contact The Department of States, contact Biden, Harris … We will need to do our real work now.
@Peter: I’m not that an easy customer :). Switching to direct EB-5 since the expiration of the EB-5 RC has always been an option for me. I appreciate and welcome any inputs about that. For now, the best techniques is do our own work to get our application through RC processed. Please contact anyone that have enough power to influence authorities. Our reasons are very legitimate. They are human. Our reasons are not controversial. In the past, they only heard about reauthorization. From now, do ask for reauthorization. Also, do not use the word grandfathering. Simply ask for legal protection. We made investment before the expiration. That’s it.
@Hiep
Thank God. 🙂
I agree. I would handle the RC business in another way. But we have not to forget, that we dont know the entire story behind closed doors. For right now we can really only wait. But I wouldnt be silent. I know it can hurt the business when we are spreading bad comments, but we shouldnt play with the same cards, so that the next is not running into the trap of “hope” only to keep the business running. At least we shouldnt be used for donations or stupid public stories. We are not the face for that. We paid the RC, and its their job to run it. As long as the HR2901 is not dead, you can do nothing else than to wait. No more donations. Its a business for all involved individuals to collect donations, to get commissions and more.
Peter, this point was fair once, but repetition is tedious. For the future, please note that I only want to read each comment once. Otherwise I will block you not because I disagree with you (though I do sometimes as here) but just for boring me, and for insulting our ability to read your opinion the first time. The entire internet is the place for repetition and quick comments and shares, and you can use microphones on other platforms for that. Let’s keep this space less noisy and cluttered. I know you are capable of substantive new comments as well, as you’ve also contributed many helpful comments here.
My typo in the original post: From now, do NOT ask for reauthorization (they heard that word more than enough and they already ignored that several time). Also, do not use the word grandfathering. Simply ask for legal protection. We made investment before the expiration. That’s it.
Thank you Suzanne, Peter’s comments have become repetitious and tedious and Peter you need to chill out. I am fully invested, both financially and personally in this mentally draining process. So Peter give us a break and stop the venting.
On a personal note I received notification this week that my i765 and i131 were processed and in the mail, which for me and my family is great news and buys me 18 months during which time I pray that re-authorisation happens: otherwise more limbo awaits me.
I am eternally grateful to Suzanne for this site which give the most honest updates. I read every word I find that is EB5 related on the internet, but find Suzanne’s articles the most valuable.
I feel for the thousands and thousands of people stuck in this mess and pray we all get to the other side of this. God knows the U.S needs us and millions more like us
Mark, I don’t know where you are from. However, being in the US on a temporary work permit that needs reauthorization religiously must be really draining mentally and physically. Also to travel?. Stress is one of the main causes of all health issues. Take care. I walk, run, walk my dog (rather he walks me), play with my dog. Ever considered getting one? They are real stress busters.
yes veedster, I am well aware of my exact status, thanks in part to Suzanne and this website. However the comments section not so much. For all the comments your and peter submit: none of it is helpfull, just noise. Maybe you and peter should start your own forum, I will donate to you….and Veedter sarcasm is the lowest form of wit, even your dog knows that.
I know when and where to use sarcasm. To you, I said it in good faith. I simply would not be able to handle that stress. Waiting outside in your own country for EB-5 is one thing, where you are not under the gun of being thrown out. But being in your situation is one whole other. I know there are a lot. I feel for everyone.
@Suzanne and Mark
I still think Peter is one of the most active member in this forum. I can say, most of his news, updates and comments are truthful or are valuable to evaluate the truth. The truth is usually difficult to digest and not easy to hear. I appreciate his contribution.
I have to agree. After Suzanne, Peter is the next prolific contributor to this site. He digs deeper into articles to find nuggets of gold, bitter vinegar, and gall and presents them as they are.
Hi Mark! Would you mind letting me know when did you filed 131/765? I filed mine on February/2021 (California Service Center), kind of anxious 😬
Hi Patricia, AOS/131/765 filed august 2020 (california) , received 131/765 in the mail this week.Had filed mandamus recently, also. Though Uscis cannot issue Green cards while the program needs reauthorisation, the 131/765 are separate and should be/are being issued, though I don’t know at what rate this is happening. I wish you the best and pray you and everyone else here get through this process successfully.
Thanks again to Suzanne for this website: It is the most acurate source of information
Thank you so much for your help.
Hi Mark,
Can you explain to me why having i764/i131 will buy you 18 months? I am one step later than you in the process, so any information is greatly appreciated
Hi Annie,
After our I526 was approved we filed for Adjustment of status as we were already in the u.s. This involves 3 forms for each person : i-485, i-765 and i-131. Though uscis will not process i-485 until the regional centers are reauthorised: i765 approval gives us work authorisation for the next 24 months, and i131 approval gives us permission to travel. Though we do not have a green card we now have most of the important benefits(for 24 months).I wish you good luck on your journey.
Hi Mark! Would you mind letting me know when did you filed 131/765? I filed mine on February/2021 (California Service Center), kind of anxious 😬
Hi EB5 investors,
I would suggest all investors to provide their name and country and if possible the year of investment and ask someone (an investor in USA) write a letter to Congress (congressmen) expressing how miserably current investors have been suffering since June 30 and ask for a mercy of congressmen to treat current investors as human to human. Attach to the letter is a list of all investors. This action is additional to all other efforts so far and is no harm to anyone.
Agree! Everyone should write down their name, country, and application date, then collect and send email to Congress or Congress members! Let them value the voice of investors! We need to express our true anger, our heartfelt voice and our deepest expectations! ! !
There is only one person who I trust with that information to be kept in complete confidentiality. Suzanne Lazicki.Period.
Me too. And that we are able to use her blog to communicate to each other. Thank you.
Just for education from 1997:
https://www.aila.org/infonet/ins-general-counsel-on-eb-5-petitions
Thank you, Peter. This is the kind of content we need to include in the letter.
We pay for Suzanne’s work. We provide our info directly to her. She forwards the letter directly to necessary lawmakers, which should be the way we should adopt, to protect our information.
I agree so let’s ask Suzanne to help all unfortunate investors if Suzanne does not mind? I believe Suzanne is the best who could help to write a nice letter and the most reliable to collect information of investors.
Please note that this is our job, not Suzanne’s job and we will need two things: 1) She agree to help 2) We will need to pay for her work.
I’m willing to do that and I’m willing to coordinate with Suzanne (hope she can help with advice, her writing and her relationship with reputation). We can pay Suzanne the time that she devote to work. We may also need to hire a good, reputation lawyer to move forward if communication is not effective. I suggest that we must put aside “reauthorization” and must focus on protecting existing investors, protecting pending applications. Reauthorization is the role of all regional centers, IIUSA and EB-5 law centers. They have already worked hard on that aspect. If we keep asking for that, we simply add noise to their efforts.
To gain the trust from investors especially during this time, we have to be honest, have to be transparent: how much money we get from investors with updated total balance, how much money we spent and where we spent. Let the members discuss how to open that account, how to control that account and how to make it transparent. If everything is good to go, I will be the first person to donate up to 10k to that account. Please note that, we still need money to hire professional to do the work UNLESS we have volunteer investors who have strong capability, law professional and have time to work for us.
But this is exactly what AIIA is set up to and trying to do, with a non-profit structure already in place, a professional lobbyist hired, top industry lawyers consulted to draft investor protection legislation, volunteers trying to organize, and people including me acting as advisors. AIIA is still very new and not doing everything right, but I think it has the correct foundation, and it’s a place where your effort and influence and resources have an actual chance to make a difference and make things better, from advocacy to administration. If I started offering my paid service for things like hiring advisors and organizing efforts and writing group letters, I’d be needlessly duplicating/fragmenting effort at best, and at worst becoming one of those bloggers who exploit internet relationships to sell colloidal silver cures and magnetized water to people who’ve been burned into distrusting institutions and actual doctors. With the desperate market for a cure in EB-5 heating to a fever pitch, the market will surely be flooded with placebos to buy, from baseless litigation opportunities to paid advocacy that targets the wrong people with the wrong message in the wrong way. Personally, I will try hard to keep myself out of the placebo business, and add my labor to helping more professional efforts such as https://goaiia.org/blog in the right direction to amplify investor voices and organize effective action on investor concerns.
Hi @Suzanne
I can tell how you guided on a few questions over email. It will be great if you can become the voice of investors like us. Help us be heard in Congress.
I have just sent an email to lawmakers. For all other investors, please do your work, tell your cases, your stories and your requests. I think it will be best to forward that email to your EB-5 attorney to check it for you. After that, you can send that email to lawmakers to request.
It may be better to email them before USCIS posts their updated policy toward existing EB-5 investors (by the end of this year).
How about sending regular tweets to all senators/ USCIS?
I don’t think it is a formal way to communicate. Social network is only used to notify updates, policies…. but not a way they take comments and feedbacks. They may never read those things. Email or post mail will be the best ways. You may consider the followings: 1. Your case number, your name 2. Your professional careers 3. Your filing date 4. Your investment project 5. Your attorney (tell them you already consulted your attorney) 6. Your request to process pending applications (strong but formal and polite) 7. Why do you make that request 8.How does the long delay affect your family, your career, anxiety and waste of resources ….
Your attorney will revise the letter for you to make it strong and appropriate.
A caution: better not push USCIS or Department of State to process pending regional center petitions. USCIS and DOS do not make laws. They are just agencies responsible to approve or deny petitions/applications according to whether or not the petitioners are eligible for the benefit sought. While the RC program is not authorized, RC petitions and applications are not eligible under the the law for visas. So if USCIS and DOS did resume processing now, they’d have to deny all those currently-ineligible cases. Thus, the choice to not process during the legal expiration is a kindness. Unless and until the law changes to make RC investors eligible again and thus RC petitions and applications approveable again, a push to process cases is necessarily a push to deny cases.
We may try to write to these congressmen and congresswomen.
Their contacts are available through their websites. Let’s make them all hear and feel about this obvious and unfair issue.
EB5 investors and prospective investors are being exploited just because they want to legally live and work in USA along with their loved ones.The whole process is draw of the luck and if some things don’t work out in the favour of applicants then they get stuck and path to remedies are not easy and expensive stressful and time consuming.
@Hiep
Lets be more efficient with the donations and our plan:
…PR firm FischTank, which can help to get stories placed…
…Within hours of the publication of his story, the office of a sitting Senator reached out and asked to speak with him….
Lets do it in the same way:
https://elpasomatters.org/membership/
https://elpasomatters.org/2021/11/26/opinion-im-an-el-paso-doctor-the-immigration-system-has-put-my-future-in-jeopardy/
I am sure that we can reach a sitting anonymous senator.
I think the way Peter recommends is very good. Public radio is one of the channels to spread out the unusual matter : why the most advanced legal system in the world can not protect investors who have put money in USA in the time the law still worked and now the investors are ignored and thrown away while their money have helped million American get jobs but investors themself stay helpless? Is that the way USA treat foreign investors?
Its not a recommendation. Save your money. And just wait and watch. I am against placebo business.
I think the parallel to you in the pandemic situation is not the placebo-vendor, but the people who oppose masks as needless and vaccines as a money-grab with the position that we should just be able to depend on the native immune system and nature taking its course to make things right.
Also in the current pandemic we can observe that especially US companies having a great revenue now. So take your vaccine which is already paid from your own money. Enough for now. Lets wait.
Pardon me, doesn’t this pertain only to EL Paso residents? Or did FIschtank place this article in Elpasomatters?
It matters that its on any news page.
1) But who is the senator?
2) Why they do not name the public senator?
3) Or is asking a public senator for privacy?
yea. true.
I applied for the EB-5 visa in late 2019. At the time of the application, USCIS did not mention on their website that the application is related to this congress authorization? just pushing us to send them our money. We are now waiting for more than two years. Even if we decide to get the money back, we have lost time and more than $20,000 in administrative work. This is kind of cheating!
You are giving a very bad picture of your country. Do you think we will be safe with our money in this country?
How our voices reach this Government and Congress. Do they care?
@Sam
Just follow the laws. Nobody has cheated us. It’s public we could have read it. There is just no law, which is solving the issue we are facing now. But as we have learned from 1997, many things are possible to fix. Even if it’s for a period of time. And as we have learned, the industry and also the current not passed bill HR2901 will not solve it. The gap will remain. Yes, the FIFPA could solve our issue, but we don’t know if its a trap just to tell a successful story and that the industry was not involved into that. The industry could have done it before and could have worked with investors together since months. But they didn’t. Lets see what the next news, webinars and events are bringing – at least it leads to new potential investor contacts first. The bread is getting done, and many people are hungry.
Lets try at least to uncover the mysterious marketing strategy. So that we all can learn from that.
OK, I understand; Just follow the laws. But there is no low solving the issue!
Can we sue congress?
Congress is sovereign
https://cis.org/North/EB5s-Death-Cycle-Three-Gloomy-Signs-Program.
The so-called “Direct EB-5s” are dying as well.
It is expected that congressional offices will be in contact with USCIS regarding the policy of holding in abeyance these applications while a legislative solution is enacted.
https://www.eb5insights.com/2021/12/06/update-on-eb-5-regional-center-legislation/?utm_source=dlvr.it&utm_medium=twitter
Is there any miracle for existing investors before Feb 18?
Still “may”… opinion not fact. We need actions to turn from opinion to fact.
I’m trying to reach the news outlets, I suggest more of you do the same.
Wrote to Forbes and WSJ.
Maybe they get interested in the story.
@Suzanne
https://mp.weixin.qq.com/s/dLEKIAzIJMwfgaJhAGuoJA
This article is by AIIA’s Chinese partner, Beyond (announced partnership on August 2), which helped AIIA to channel their messages to Chinese investors through WeChat articles. The bullet points are:
1) Some legislators do not want RCs to terminate.
2) Leahy and Grassley are touting RC reform for good morals.
3) Jeff Campion is lying as there is no consensus (despite the fact that IIUSA also talked about the existence of consensus at their webinar). There are 9 RCs (with no information on their exact names, for whatever reasons) opposing the integrity measures.
4) The group opposing the integrity measures will not yield and will wait until both Leahy and Grassley are out of office; they hope that Grassley will not be reelected.
5) As long as Grassley is in office there will never be a consensus among industry stakeholders or legislators.
6) The only chance of passing reauthorization is every RC yielding to the demands by Grassley and Leahy, or the RC issues will never be resolved in the foreseeable future.
7) February 18 is the only deadline of reauthorization in the foreseeable future. Because of the upcoming midterm elections Congress will likely never go over this topic.
8) IIUSA supports grandfathering.
The article concludes that with the aforementioned eight pieces of information combined, there will not be a consensus by February 18. If investors still want their green cards, backing AIIA to achieve grandfathering is the only rescue, or the investors should opt for a refund if they do not want green cards anymore.
The article uses a drastically more aggressive tone, depicting the rural RCs and legislators as the heroes and harshly assails urban RCs and interest groups like Jeff and the AAED as the villains and blaming solely the latter for the RC lapse. In addition, while Jeff did mention consensus and a possible December reauthorization in the past, IIUSA did so as well, and yet the article seemed to only call out Jeff and EB5IC and purposely leave out IIUSA; perhaps this is because of the partnership between AIIA and IIUSA, which could potentially lead to shooting-in-the-foot if IIUSA were called out as well.
The intriguing thing is that this account constantly posted articles pessimistic about the reauthorization of RCs (not the Suzanne level of caution but essentially saying “grandfathering or no green card any more”) and always, at the end of each article, pointed to grandfathering as the only way out. The overall messaging feels much more incendiary than posts on AIIA’s blog.
To what extent do you agree with the content of the article? The tone and messaging to Chinese investors is so different than how AIIA promote themselves on English-speaking media. Since you work closely with AIIA as well, do AIIA or you have any knowledge on this somewhat fear-mongering promotion strategy by AIIA’s Chinese partner?
Stranded investor:
Regarding comments on what AIIA intends and does not intend, I’ll defer to Ishaan’s comments.
Regarding the content of Beyond’s article, I don’t have my own “man in Washington” to fact check, and am not in all AIIA’s discussions. I can just consult my general sense of what’s plausible, considering what I understand of Beyond and AIIA’s position to know things, likely motivations in sharing info, and my general sense of what’s theoretically likely to be true of the players on the field. From that perspective, I don’t argue the plausibility of the substantive content. I haven’t heard specifically that “There are 9 RCs opposing the integrity measures,” but if that’s indeed the case, let’s hear the names! Or those who know can at least consider weaponizing the threat of naming. Surely public identification, to investors and/or to other Chinese agents, could be the best way to transform those RCs into RCs that definitely support integrity measures, because they cannot afford to be the reauthorization block in public — in China especially, and among litigious investors generally.
Regarding tone and messaging, I have to say this has been a very interesting year to be a former English major. For my senior undergraduate research, I focused on literature and politics, and interested this year to watch the political use of language play out in the EB-5 field. For example, consider what Jeff Campion said in the most recent Pathway video 11/19 about consensus. “We have to be united. We don’t want dissenting voices. It’s not that you can’t disagree, that’s fine. You can disagree and not be disagreeable. You can disagree inside, but don’t disagree outside. When you have disagreement outside, it gives Senators or members of the House the ability to leverage that, and maybe derail the upcoming regional center program reauthorization. So I would say ‘unity.’ That’s what’s most critical right now.” One could summarize this as an implicit acknowledgement that there is disagreement, overlaid by the practical point that it’s necessary to communicate (and thus potentially produce the needed effects of) industry consensus. So does that make “Jeff Campion (or IIUSA) is lying as there is no consensus” a true statement or not? It’s complicated. And here also we run into the powers and pitfalls of tone, where a single word choice like “lying” can have a freight and effect beyond what’s specifically represented.
Thanks for the very thoughtful response. To make my point clear, I appreciate the efforts of AIIA as what the official blog has updated about. In fact, how AIIA has come to be and what it has allegedly done is archetypal to U.S. pluralist politics.
However, I would like to reiterate my biggest concern that the way Beyond’s articles address the state of matter may not be the most appropriate. As the public face of AIIA to Chinese investors, their content does not seem to achieve the same level of professionalism in expression in comparison with the very own blog of AIIA, and this asymmetry concerns me in terms of pursuing support at optimal efficacy. It is not a matter of Chinese language vs English; both languages are capable of assuming a proper, dispassionate form in the scenario of addressing to the public.
As a side note, it seems that the article I referred to was taken off by the author, and a revised version was posted (link by Peter down below). The eight bullet points were reduced to seven, with some potentially back-firing content removed.
Apparently the points in your original comment were well taken, and produced some good response.
I am the Director of AIIA so I’ll respond to your comment. Beyond International is a valued partner that has helped us with our outreach to Chinese investors. They have been able to deliver them accurate information while clearing up the many misconceptions Chinese investors have about what’s going on in EB-5. When I first started AIIA, I reached out to multiple Chinese organizations including AAED for help but no other intermediary cared for AIIA or our goals. The way I see it, Beyond is the only Chinese company showing actual concern for current investors.
Everything they have said in their blog is correct and 100% true. You on the other hand, in your bullet points, have oversimplified their message. For example, point 8) IIUSA supports grandfathering bill as a standalone ONLY IF their reauthorization bill fails.
Also, we have called out IIUSA. Go read our latest newsletters. There is a link to a video where the president of IIUSA takes a shot at AIIA (and misses): https://www.youtube.com/watch?v=9875qcuUrFo&t=3252s
Make no mistake, I am not afraid to call out any industry faction on their bullshit. Which brings me to the main issue you brought up – our tone and messaging. So, is Beyond’s tone more incendiary than AIIA’s blog posts? Oh, absolutely. AIIA has board members from different walks of life and from different countries. We collectively as a board decide what messaging to put out and naturally it’s a little more tempered than I would personally like.
But if you think Beyond is “incendiary” and “aggressive”, you clearly haven’t heard me speak on any of the AIIA donor calls or seen my messages on our private donor group on Wechat/Telegram/Teams. I am far more blunt and have no issues spilling the beans on what’s really going on or giving behind the scenes knowledge to investors.
I started AIIA because I have spent majority of my adult career working in the EB-5 industry and I was sick of the unfair treatment and constant lies being dished out to good, honest immigrant investors who are just trying to do right by themselves and their families. I am fortunate enough to work for an ethical employer but I have seen plenty of immigrant investors getting screwed. This program lapse was the worst thing to happen and I could see it coming way back in early 2021 hence the formation of AIIA in April of this year. I know I cannot convince people reading this comments section to support this organization I have started. I get it. But I hope all you immigrant investors reading this, will inevitably see the truth and support the organization that’s actually trying to do some good for our community.
Remember, we’re all in this together. Chinese, Indian, Russian, Vietnamese, South African or Latin American – it doesn’t matter where we come from. We are all immigrants in this country and we are STRONGER TOGETHER. Please watch this video that transcends all languages:
I did not over simplify the message in Bullet 8, for instance. Below is the original sentence, and that is it, just one sentence. I literally translated it. Feel free to use any translator yourself.
8. IIUSA支持保护已有投资者的条款。
If you begin with fact-twisting then there perhaps should not be further conversation between us.
You’re oversimplifying a point which has been discussed repeatedly in past newsletters and blog posts. I didn’t say your translation was bad, you just missed the context of that point (and others too for that matter).
Hi Ishaan, lucky to catch you here. Did you leave a comment under my blog for help?
Link: https://mp.weixin.qq.com/s/r9PE5332wbKF4MybQABHKQ
I have previous posted attitude towards grandfathering clause and AIIA, please see the link:https://mp.weixin.qq.com/s/oe2oQ4KZbDxaT0J-7Mcf8g
You know you can also left message to Public WeChat just like to talk to others.
You can reach us via email. info@goaiia.org
Thank you for your information. Existing investors will need to be united now. IIUSA, Regional Centers and EB-5 law centers only care reauthorization because that is their career. They want new investors. There is no doubt that IIUSA only supports grandfathering if reauthorization fails.
Reauthorization already fails few times. They use the word “delay” to calm down the existing investors. When reauthorization goes to dead end? No one knows. They do not know. We, existing investors, cannot wait for an unknown deadline.
AIIA, please put out a plan to get grandfathering.
IIUSA and regional centers should understand few points:
1. Protecting existing investors are protecting EB-5 reputation, protecting their business. Negative outcomes with existing investors will damage the whole EB-5 system.
2. Soon, existing investors will start pulling out their money. I think there will be a lot of lawsuits. Grandfathering will save them from these troubles.
3. Negotiation and consensus among industry stakeholders and congress members will take time. Negotiation time has nothing to do with existing investor. Let set existing investors aside by pushing grandfathering law. Industry stakeholders can negotiate, they can wait until Leahy and Grassey retire or out of office …
4. Grandfathering will support and not contradict with reauthorization.
Who should support grandfathering?
1. Existing investors – grandfathering is your benefit. So:
– do your own work (will need a leader to tell us what to do).
– contribute money to help
2. AIIA: more transparent is the key. Entire target must be grandfathering. NOW. It must not be dependent on “authorization dead end”.
Please lay out your plan – the more investors know about it (more transparent), verify it, the more confident they will donate. Investors want to see the path to proven results.
I believe that AIIA does not get funds to operate from anywhere else rather than from investors (does not like IIUSA, they get funds from regional centers). So, all investors should contribute. This is our collective work. This is our benefit. They cannot do anything without fund.
One simple question (and to clarify I am an investor), and only interested in the green card, and don’t care about the means to it. If grandfathering goes through (which I whole heartedly support), how do we as investors show job creation without the regional centers? Is it possible to switch mid way to the Direct mode? As perspective, my 526 is approved, my visa documents are complete and clear, and I am only waiting for a consular appointment at Mumbai, India. How will I move forward if grandfathering is approved but RC is not reauthorised?
The other thing is I don’t understand why I have to keep bloody donating all the time when I have already donated so much to the friggin American economy?!! I am not going to give any more money to anyone. Yes I will donate to Suzanne as soon as I get my conditional green card for the yeoman service she does for us investors almost selflessly…
@RPG. I’m an investor and I completely understand that. Our money went to regional centers and EB-5 law centers and other consulting services. They only want reauthorization to continue their business. Reauthorization already failed and failed. All investors feel exhausted of waiting and then fail again. I believe that the story here is true. Now, the Investors’ goal is different from their goal. If we sit and do nothing, we will only wait for an unknown deadline. Reauthorization is dead.
@RPG we’re running a nonprofit advocacy organization not a charity. The money goes towards paying for our lobbying efforts. The people behind AIIA are investors just like you in various stages of the process.
I am a donor to AIIA but the question keeps arising in my mind. If an existing reauthorization bill is finding it so hard to make its way through Congress, what is the realistic probability that a new FIFPA bill will be firstly “introduced” and subsequently “passed” in a time frame that wont leave hundreds if not thousands of families stranded without decision or worse still “denials” of petitions?
This is a key issue discussed in the last AIIA donor webinar, and I understand that the current AIIA Washington DC trip is also pursuing this question.
Latest update:
https://mp.weixin.qq.com/s/ufDzBXIMkqJrkC47EjL4uw
Quote: There are said to be nine regional centers opposed, the specific list is unknown, some people have been emphasizing the so-called “industry consensus” has not really reached.
>>>Is it him with the 9 regional centers?
Quote: Mr. Campion is the CEO of Pathways EB-5 which has a family of nine (9) regional centers that encompass nearly every major U.S. population area.
Source
http://eb5coalition.org/meet-our-co-chairs-and-board-members/
Very interesting! I don’t know and would like to know who’s being charged. I wouldn’t stand on a coincidence of numbers, or blame Pathways just because Jeff engages with the public. Historically, a few large regional centers got blamed for opposing reforms, but were not at all public about it.
This is very easy to resolve. While I do believe that it is NOT Jeff Campion, this unfortunate coincidence is a great opportunity for Jeff Campion to absolve himself, by “proclaiming” that he is not opposed to integrity measures proposed by s.831.That is all it takes. All the doubts surrounding him go away, poof!
Hi, the info@goaiia.com email is not reachable, could you take a look and maybe provide an alternative address ？
My apologies—should be .org. https://goaiia.org/contact-us