5/25 USCIS EB-5 Feedback Invite

I’m copying below an invitation from USCIS to participate in another EB-5 listening session. The invitation asks some excellent questions, but oddly — considering the engagement’s stated purpose — no questions specifically related to implementation of the EB-5 Reform and Integrity Act of 2022, or the rulemaking required by the Act. The invitation also offers no way to answer the questions, except to call in to the engagement. If USCIS is serious about getting solid feedback, it should provide a path for written answers.

From: U.S. Citizenship and Immigration Services <uscis@public.govdelivery.com>
Sent: May 17, 2022 8:09 AM
Subject: Listening Session: EB-5 Reform and Integrity Act of 2022 Rulemaking

EB-5 Reform and Integrity Act of 2022 Rulemaking Listening Session

Wednesday, May 25 | 2 – 3 p.m. Eastern 

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a listening session on Wednesday, May 25, 2022, from 2 to 3 p.m. Eastern. The listening session is for stakeholders to provide individual input on rulemaking related to the implementation of the EB-5 Reform and Integrity Act of 2022. USCIS is committed to public engagement and sessions such as these provide us with valuable feedback as we work to improve our programs.

Questions for consideration: Although we are interested in overall feedback about the EB-5 program, we would also appreciate your input on the following questions:

1. Evidence
a. Are there evidentiary requirements for Form I-526 filings in the existing regulations that should be simplified or modernized? We invite specific estimates of these burdens and potential effects of these simplifications.

2. Definitions
a. Are there undefined or other ambiguous terms in the existing regulations or statute that DHS should define or clarify through rulemaking?
b. Should we keep the “troubled business” definition in the existing regulations (8 CFR 204.6(e), 204.6(h)(3), and 204.6(j)(4)(ii))? If we keep the definition, should we revise it and, if so, how?
c. Should we keep the definition of “new” for a commercial enterprise in the existing regulations? Is there an alternative approach for what should be considered “new” (for example, a more recent cutoff date or a particular period for determining whether a commercial enterprise is “new”)?

3. General
a. Are there other processes or requirements in the existing regulations or statute that DHS should clarify or further develop through rulemaking? For example:
• The process we will use to designate and communicate high unemployment areas.
• Factors we should consider in determining if a regional center’s geographic area is “limited.”
• How construction jobs for less than two years will be calculated.
• Are the expansion and restructuring requirements in the existing regulations still relevant?

To Register:

1. Visit our registration page

2. You will be asked to sign up for updates or to access your subscriber preferences, please enter your email address and select “Submit”

3. Select “Subscriber Preferences”

4. Select the “Questions” tab

5. Complete the questions and select “Submit.”

Once we process your registration, you will receive a confirmation email with additional details.

If you have any questions, or if you have not received a confirmation email within three business days, please email us at public.engagement@uscis.dhs.gov.

To request a disability accommodation to participate in this engagement, email us at  public.engagement@uscis.dhs.gov by 4 p.m. EST on May 20, 2022.