Introducing Form I-924 and I-924A

[Note: please check my “Recent Posts” for updates on the I-924 Form.]

At the EB-5 Stakeholder Meeting on June 16, 2010, USCIS provided the following information on its proposed forms for Regional Center applications and reporting.

Proposed Form I-924
The Proposed Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program, will be used for the filing of both initial RC applications and amended RC applications. The Form I-924, which will has a proposed filing fee of $6,230 will:

  • Clarify filing requirements for the RC designation;
  • Improve the quality of RC applications;
  • Better document eligibility for the Pilot Program;
  • Alleviate content inconsistencies among applicants’ submissions; and
  • Support a more efficient process for adjudication of the RC applications.

The USCIS Services Fee Schedule “Fee Rule” was published for public comment in the Federal Register on June 11, 2010. [CIS No. 2490–09; DHS Docket No. USCIS–2009–0033] The Form I-924 and I-924 instructions are available for review at www.regulations.gov. This folder contains new and revised versions of the forms; be sure to download the most current ones (posted on 9/27/10). I have commented on the forms in a number of posts, including notes on the 9/27/10 revisions.

Proposed Form I-924A
The Form I-924A, Supplement to Form I-924, is the proposed vehicle for a yearly RC reporting requirement. Each approved RC will be required to file the I-924A to report RC-related activities for the preceding fiscal year within 90 days of the end of the fiscal year (on or before December 29th of the calendar year in which the fiscal year ended.) There is no proposed filing fee for the Form I-924A.

USCIS plans to publish an aggregation of the data provided each year by all designated regional centers, to include attributes of the RC-affiliated capital investments, such as:
1. the geographic areas and industry categories receiving investment capital;
2. The volume of regional center affiliated capital invested, and;
3. The number of jobs created or maintained as a result of the capital investments.
This summarized data will be published on the USCIS Web site for each fiscal year following the publishing of the Form I-924A. The Form I-924A is available for review at www.regulations.gov.

EB-5 Statistics 6/16/2010

The following statistics related to the EB-5 program were reported by USCIS at the EB-5 stakeholder meeting on 6/16/2010:

  • There are currently 94 approved Regional Centers (RCs), operating in 34 states, inclusive of the District of Columbia and Guam.
  • Approximately 90-95% of the individual Form I-526 petitions filed each year are filed by Alien Investors who are investing in RC-affiliated commercial enterprises.
  • There are approximately 65 RC Proposals pending with USCIS.

Statistics for EB-5 visas reflect the increasing popularity of the program, and a relatively high rate of approval.

Individual EB-5 Petition Statistics Oct – May FY 2010
Receipts Approvals Denials
Form I-526 Petition 1,100 955 113
Form I-829 Petition 438 188 33
Individual EB-5 Petition Statistics FY 2009
Receipts Approvals Denials
Form I-526 Petition 1,028 966 163
Form I-829 Petition 437 335 55
EB-5 Visa Usage
Fiscal Year Total EB-5 Visas Issued
FY10 (Oct-May) 1,494 (32% I-485, 68% DS-230)
FY09 4,218 (24% I-485, 76% DS-230)
FY08 1,360
FY07 806
FY06 774

EB-5 Inquiries

The USCIS EB-5 webpage now has a link for EB-5 Inquiries under the link for the list of Regional Centers.  The content (contact email address and list of acceptable inquiries) is familiar —  nearly identical for example to the handout distributed by USCIS at the March 16th EB-5 forum at the California Service Center.

The list of acceptable inquiries is surprisingly broad, even including “to request for expedited processing of already filed I-526s, I-829s, or RC Proposals” and “to request for Regional Center Proposal filing instructions, procedures, and Regional Center general information documents.”

EB-5 Stakeholder Meeting

The USCIS Office of Public Engagement has issued its invitation to an EB-5 stakeholder meeting on June 16. Interested parties may participate by teleconference or in person in Washington D.C. Topics for discussion can be submitted up to June 7. Please see the USCIS notice for details and information about how to RSVP.

CSC Processing Times

The estimated processing time for an I-526 petition has been extended from 5 months to 6 months as of the 5/17/2010 publication of USCIS Processing Times for the California Service Center. The I-428 and I-829 petitions still show a processing timeframe of 6 months.

Report on CSC EB-5 Forum


The EB-5 Forum hosted at the California Service Center on 3/16/2010 was well attended and very interesting. As attendees we were able to interact directly with the people in charge of EB-5 adjudications, and I was gratified in the Q&A time to hear the importance of business plans repeatedly emphasized. I have prepared notes on the discussion, and copied the handout distributed at the event.

EB-5 Q&A with USCIS

USCIS has posted Q&A from the December 14, 2009 EB-5 conference call on their website. The questions (posed by the AILA EB-5 committee and Invest in the USA) were excellent and the USCIS answers mostly predictable (we can’t answer that question so we’ll answer a different one; we’re not going to tell you because there’s a memo on that subject forthcoming at an unknown date; we have an inapplicable precedent to refer you to; we have no general guidelines only case by case reactions). At least USCIS had prepared answers this time and some valuable information was shared.  Of particular interest to me:

  • There were “less than 50” regional center applications pending at USCIS as of 12/14/09.
  • USCIS highlighted the importance of business plans. The movement of funds from one job-creating business to another is acceptable in principle with no need to amend the I-526 petition provided that the approved I-526 business plan allows for such movement. Job creation based on capital infusion can be demonstrated at the I-829 stage simply by referring to economic data in support of the I-526 petition provided that “the infusion of capital occurs according to the approved business plan and economic analysis, and the capital investment scheme comes to fruition in the manner outlined in the business plan.”
  • USCIS made a strong statement about TEA designation, saying that they consider unacceptable “state-sanctioned attempts to ‘gerrymander’ a finding of high unemployment that is not in accordance with the statutory requirement, through the cobbling together of various portions of political subdivisions so that an investment in a commercial enterprise in a location that is not a high unemployment area would ultimately qualify as one.” While recognizing that states have the authority to designate TEA, USCIS emphasized that this designation must be in accordance with the statutory requirements for TEA: that the area is rural or has an unemployment rate 150% of the national average. Historically USCIS has accepted some creative TEA designations by states, but it seems that this will no longer be the case.
  • USCIS emphasized that Regional Centers can only get credit for indirect jobs/impacts created within the geographic boundaries of the Regional Center.
  • A project that has received traditional EB-5 investment may apply for designation as a regional center, so long as the economic analysis doesn’t “double-count” the jobs already allocated to the traditional EB-5 investors.
  • USCIS confirmed that an investor can be counted as investing in a “new” commercial enterprise so long as that enterprise was established after 11/29/1990, and that such an investment will qualify without the need to show that the investor was involved in establishing, expanding, or reorganizing the business.
  • The Q&A repeatedly cites this newly released document: Adjudication Field Manual Update AD09-38. Click here for the full text Adjudicator’s Field Manual.