USCIS can hardly support an argument that they virtuously follow FIFO discipline and thus can't decide some cases earlier than others, since their internal records would contradict that claim, and their own Processing Time Report "Estimated Time Range" indicates that they have been adjudicating I-829 with dates ranging from earlier than 2016 to later than 2018. First time F1 - H1 visa. Morocco: Uyghur Activist at Risk of Extradition. Written by Joseph Barnett and Lee Li in consultation with Charles Oppenheim, this article provides clear and updated analysis on reserved visas. Among those motivated to care about immigration outcomes, how many will slog through articles like this instead of clinging to hopeful guesses? Q1 FY2021 regressed again, with 7% fewer forms processed than the previous quarter. The current dire EB-5 processing situation provides yet more incentive and pressure for industry and Congress to get EB-5 legislation as soon as possible. The determining factor is IPO productivity in I-829 adjudications, which follows from the resources that they choose to commit to I-829, and the procedures that they choose to implement.
Immigration System and Impede Biden Policy Changes (February 23, 2022) by the Migration Policy Institute. Quoted from 1:01:36] Question: Do the reserved visa categories create even longer delays for Mainland China, with the fact that 3, 200 visas are being pulled from the general category? IPO has only three forms to adjudicate: I-526, I-924, and I-829. Group Permissions, Undo Delete and More. And "Is EB-5 an immigration opportunity? " I made a number of additional charts of data that bear on this question, including I-485 processing trends, I-485 backlogs, consular processing trends, and appointment interview trends. We're partway there, and with so much scope for improvement going forward.
The Investor Program Office at USCIS continues to process direct and regional center I-829, even during the regional center program shutdown. Direct EB-5 (and the visa bulletin even briefly becoming Current for China direct EB-5) did not contribute much boost. USCIS should want to empower prospective EB-5 users to judge upfront whether and when EB-5 could offer an opportunity to immigrate. Switching midstream from regional center to direct investor status is unfortunately impossible due to indirect job creation and material change. If that equation gives a false result, then something's wrong with USCIS data reporting. On the other hand, the guy isn't in the boarding area and can't just go straight there – he has to check in and get through security first. Wait time expectations for the China backlog will continue to improve if EB-5 demand continues to fall, as it has done since 2018/2019. Search bars on Telegram for iOS and the default dark mode theme on Android got some face-lifting. Now that someone has done all the work to write out these good comments, let's all read them and amplify them with repetition. AIIA is hosting a Town Hall on July 1 at 6 pm ET to provide EB-5-investor-focused updates on what's happening and solicit investor input for EB-5 reform negotiations. Case remains pending telegram group links. When the regional center program expires, then the 80, 000+ regional center investors and applicants who do not yet have conditional permanent residence status lose eligibility for an EB-5 green card. Last week, USCIS updated the Immigration and Citizenship Data page with reports for FY2022 Q3 (April to June 2022).
At the EB-5 listening session on April 29, 2022, USCIS Director Jaddou recognized that "The EB-5 investor program allows individuals to become vital and contributing members of the United States. Despite what the EB-5 Reform and Integrity Act said, the published FY2023 annual limit for EB-5 visas is exactly and only 7. What if owner leaves telegram group. Take note USCIS: I-829 needs an intervention and soon. We'd feared that one consequence of regional center program lapse on June 30 could be IPO decision to move resources away from I-526 adjudication, and that appears to be happening, at least so far. FY2022 is still much better than FY2021, when EB-5 lost 15, 673 total visas, and FY2020, when EB-5 lost 7, 498 visas. There's no attraction to bypassing a painless queue. Oppenheim: I think there is the potential for that.
The report just gives aggregate numbers for all EB category visas. When you delete a chat or clear chat history, you'll get a detailed confirmation dialog and an option to restore the chat within the next 5 seconds. Consider applying to participate! Therefore it is going to be very important for the officers to know which of the visa codes to be used for final action on a case so that the number use can be accurately tracked and then reported to the visa office for numerical control purposes. Coinbase had investigated Wahi's activity itself prior to the criminal and civil indictments, and is not accused of wrongdoing. Former Coinbase product manager pleads guilty to criminal charges in landmark case. The EB-5 program clearly needs to be stabilized, so that it can work again, and stop the bleeding at IPO. DOS reports only 368 eligible direct EB-5 applicants at the visa stage as of September 2021. Robert Divine explains how the EB-5 Reform and Integrity Act changed the EB-5 sustainment period, and the consequences for new investors and redeployment. The unused set-asides should carry over in future years, though the FY23 visa limits report doesn't show the carryover. ) As a side note, see minute 36 of the Chat with Charlie linked above for a brief comment in response to my question about why, despite "current" Chart B for I5 and R5, NVC has been emailing regional center applicants that it "will not act on any new or pending EB-5 visa petitions as described above until further notice.
This means that in the month of December, direct EB-5 Chinese applicants who are documentarily qualified at the visa stage can proceed to get visas, regardless of priority date. Telegram surrendered report data to despite. 1 years for I-526, 3. The USCIS Office of Performance and Quality may not even realize that the I-956 forms exist, and still has line items for I-924. Law: I list out all the provisions in existing law that govern EB-5 visa availability, and the specific changes made in the EB-5 Reform and Integrity Act of 2022. I-526 Data Leak: July 2021.
As a supervisor looking at these charts, I would question IPO management about its disordered process as well as about its low productivity. Shame on USCIS, for contributing to visa loss by not processing petitions! The resources are available. Those set-asides were popularly forgotten because they hardly mattered in practice.
That shows strong demand for EB-5 at the $500, 000 minimum investment, a high level of industry preparation for the Behring court win, and optimism about regional center program prospects. But if July 2021's productivity were the new normal, with only about 2-3 decisions per working day, then even 1, 000 I-526 would take forever to process. Quoted from minute 40] Oppenheim: It's important to note that the use of the use of the new codes to distinguish the 20, 10, 2 set-asides is going to be necessary for Department of State to compare the amount of numbers which have already been used in those categories, the amount of documentarily complete demand ready for immediate processing, and to know the potential demand requiring use of a number in the future. This post tackles a momentous question: what is the impact of the 32% reserved visas provision in the EB-5 Reform and Integrity Act of 2022? Lawmakers may assume that by making about 10, 000 EB-5 visas available, they have incentivized about 10, 000 EB-5 investments annually. Too many EB-5 visas have been lost already. USCIS knows how many people are getting in line by filing I-526/I-526E, but USCIS has persistently refused to publicly report on I-526 filings/inventory by category or country.
Each year, the oldest applicants received whatever was leftover of the EB-5 limit after DOS satisfied rest-of-world demand within per-country limits. If you relied on "I accidentally deleted the chat with my homework" in your studies, please accept our apologies. For example, in 2023 Department of State will have about 2, 000+ visas restricted for rural investment. Negotiators will not be thanked if they hold out too hard for the "bird in the bush" of visa relief in legislation, at a cost of losing the "bird in the hand" of tens of thousands of EB-5 visas available in 2021 and 2022 on a "use it or lose it" basis.
I've been waiting anxiously for the report, wondering about visa wastage, Integrity Act implementation, and impacts on the visa backlog and EB-5 visa wait times for China, India, and Vietnam. Most important, we need to pour advocacy dollars and energy into getting any possible backlog relief for the oldest EB-5 applicants, who need it now more desperately than ever. Since June 30, 2021, the immigration process for regional center EB-5 investors has just been frozen, waiting for Congress to act. The government had the entire year to issue direct EB-5 visas, but only issued 621, likely constrained by low demand (i. e. few direct I-526 filed and even fewer making it through I-526 processing to the visa stage).
And Iranians (considering the often arduous source of funds path). Today marks the end of Fiscal Year 2022, and the first September since 2015 that I haven't spent reporting on Congressional news and the appropriations process, waiting with bated breath for updates about regional center program authorization. Meanwhile, billions of dollars are flowing in real time under sponsorship of entities and from investors who aren't sure what eligibility requirements do or will apply to them. But it's a reminder that the grandfathering fight is not done; we need to improve the law so that filing I-526 locks in something for future visa availability, not just regional center status.
Since May 2022, the Investor Program Office has stabilized into a new stride of 100-140 decisions per month each for I-526 and I-829, with decisions spanning a wide range of filing dates. This inexcusably low productivity needs urgent management intervention. At the height of EB-5 program popularity and with the $500, 000 investment level, the whole world outside China, India, and Vietnam has yielded fewer than 2, 000 investors per year, and used fewer than 4, 000 annual visas. What's not clear: are any of those these reserved visas theoretically or practically available to the 80, 000+ people in the EB-5 visa backlog, who are coded C5, T5, I5, and R5 under the now-abolished RC and TEA set-aside categories? Under current law, there's a country cap of 7% applied to each category of Employment-Based visas. Note the number of EB-5 visas actually issued to China-born applicants each year, from over 8, 000 in FY2015 to just over 4, 000 in FY2018 and FY2019. A: If you are still confused, we suggest this group: Even more exciting, Chinese direct investors with I-526 approval can file visa applications (and probably I-485, though USCIS hasn't updated its AOS page yet). No one thinks that eight years is an acceptable processing target. That popularity was wonderful for the U. economy, which got tens of billions of dollars in investment and hundreds of thousands of jobs, but it was not good for immigration. The Android app also allows you to set up a profile picture when you create an account, so expect to see more friends with faces from now on. At previous productivity levels, USCIS could have already finished adjudicating 1, 000 direct I-526 and sent them off with their families to the visa stage since June 30, thus adding another 3, 000 or so applicants eligible for direct EB-5 visas. The "All Forms Report" conveniently shows that EB-5 forms have almost the worst processing times in the entire immigration service.
On the bright side, I-829 processing productivity only fell a little in Q1, and the approval rate remained high (94%). I used to assume that the 7% applied to categories as a whole, not subcategories, but Charles Oppenheim recently set me straight. IPO has not explained why it has assigned only 15% of its employees to adjudicate the Form that accounts for more than 50% of its fee-paid workload, or whether that allocation decision is open to change. I would love to see the U. government supply EB-5 visa numbers sufficient to reward the investment-fueled U. job creation that already occurred based on the promise of such visas. Petitioners have fought to become exceptions to the dreadful processing average by means of expedite requests and Mandamus litigation. Of course, real life is complicated. Chinese received even fewer EB-5 visas in FY2021 than in FY2020. The EB-5 Reform and Integrity Act just passed by Congress mandates USCIS to study the fees necessary to adjudicate I-526 in less than 240 days (or 120 days for a TEA investment) and I-829 in 240 days. The numbers suggest that EB-5 is not a priority yet for the administration/USCIS. …I think that there likely will be a need for technical corrections. The ultimate condition for immigration success is not satisfied at the beginning of the process, with the initial investment, but at the end of the process, with proven job creation.
I started 2021 with hope for EB-5 processing. I-829 productivity plummeted into 2018/2019, suggested a nice recovery trend in 2020 even under pandemic conditions, and then started falling again in 2021. Tables can look boring, but persevere. Policy will be written. That's a huge difference.
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