Why Do USCIS Feel There Is A Need To Change The Program?


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The reason USCIS feels there is a need to change the program is because of the abuses that have come through. While I do feel that what happens sometimes is that USCIS tends to go overboard in trying to deal with these types of issues. There are abuses of the program and they have to be dealt with.

What Are The Major Problems In The Eb-5 Program?

There are several major problems with the EB-5 program. We have current EB-5 investors, separate group, regional centers and other people who make comments. The EB-5 investors, as well as the regional centers commented and said that none of the proposed changes address the growing backlog of Chinese applicants. They happen to be 85% of the program. If they all of a sudden start to disappear, then projects won’t have money to do their projects and investors from China won’t be able to apply.

That’ll affect the 15% from all the other countries whose cases will get approved, but with less projects for them to choose from. The other thing that the comments mentioned was the fact that the investment amount can’t be $1.35 million. This would just be untenable. An investment amount somewhere around $800,000, or even up to $1 million, would be workable. Originally, people complained that even this was too high, but now in comparison to $1.35 million, $800,000 is looking good.

The regional centers are also saying that they have to deal with this TEA issue that Congress will also damage the program if they make the TEA through USCIS. It has to be through states where you can get fast determinations in order to decide what project you’re going to do. Finally, Congress had a few comments, the most important being that they didn’t want Homeland Security to act. They said that they’d like to see USCIS do their regulation. They realize that they have been handcuffed for two years with the old regulations that have been on the books for 20 years.

They haven’t been able to deal with it, so they’re all for USCIS regulations, because I think they’re afraid that they might not be able to do it by their own timeframe, the end of September 2017. Congress is saying go for it, get it done, but the final point I want to make here is that Immigration has delays. Their delays in getting out regulations has been terrible. Even though they have all these comments, and the comment period has been over for a month and a half, it may take anywhere from 6 months to a year for Immigration to come up with final proposed regulation. Once they do, once they are published in the federal register, they will become final 30 days later.

It is conceivable that it could happen in a month. That its effect in two months and no one knows what’s going to happen in the whole area, so stay tuned

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