Comment: More on EB5 Expedites

1) Criticism of our previous commentary on EB5 Expedites
2) Possible favoritism at USCIS on EB5 cases
3) Excellent progress at USCIS on Processing Times

1) Criticism on previous commentary on EB5 Expedites:
We recently ran two Editorial Comments on EB5 Expedites:
Expedites Take EB-5 By Storm
http://discuss.ilw.com/articles/recent-issues/390159-february-26-expedites-take-eb-5-by-storm
Blanket I-526 Expedites
http://discuss.ilw.com/articles/recent-issues/390283-march-14-blanket-i-526-expedites
We received some criticism for our comments on Blanket I-526 Expedites from attorneys of distinguished repute, and with considerable experience in EB5 matters. Each of the two attorneys advise several of the largest RCs/Developers in the EB5 field, so their two critiques of our commentary are appreciated and well taken. Firstly, it was claimed that as a matter of law there are no Blanket I-526 expedites and that USCIS does not acknowledge the existence of Blanket I-526 expedites, USCIS written correspondence with projects mentions the I-924 expedite instead. Secondly, it was claimed that there is no special access via email and phone to USCIS adjudicators for expedited projects, based on the attorney's personal experience with expedited projects. While we welcome the criticism, we stand by our reporting - (i) it is true that as a matter of law Blanket I-526 expedites are not acknowledged, but as a matter of practice Blanket I-526 Expedites do exist and (ii) special access to USCIS adjudicators does exist at least in some cases with Blanket I-526 Expedites.

2) Possible favoritism at USCIS on EB5 cases:
Quite apart from Expedites, a few large NYC/LA RCs have reportedly received specially favorable treatment by USCIS, in terms of reduced processing times for investor-applications for their projects. Favoritism towards some Regional Centers by adjudicating some Regional Center I-526s faster than other RC's I-526s at USCIS is troubling, because it raises questions of fair play. The fair principle would be first in and first out-- by not doing so USCIS is playing with fire--especially considering the monies involved. The agency is disorganized, with files on adjudicators' desks handled in random order, and boxes of files being handled haphazardly out of sequence, and not first in first out.

3) Excellent progress at USCIS on Processing Times:
USCIS is making excellent progress on reducing I-526 processing times-- at the current rate of progress, USCIS may be able to bring down processing times for I-526s to less than 10 months by the end of 2019. This would make I-526 Blanket expedites less of an issue. We urge USCIS to continue its excellent progress to reduce processing times for all I-526s. By next year, applications from India will rival the applications from China in its heyday--which caused the backlog in the first place. If USCIS brings the backlog down to a reasonable level this year, it will position the agency well to handle the flood coming in next year from India.

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Focus: India EB5 Expo

May 16-24, 2019 — 5 cities

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*Special Note for Attorneys: The only way an immigration attorney can participate and speak at this event is if they are nominated by an issuer exhibiting. Not only is there no fee charged to immigration attorneys, ILW will pay the attorney nominated by each issuer $999/$1,999 toward their travel expenses.

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ComingsNGoings: Immigration Reading
The Criminal Victimization of Immigrants By William F. McDonald Palgrave Macmillan, 135 pp. Hardcover, ISBN: 3319690612, $54.00 http://www.amazon.com/exec/obidos/ASIN/3319690612/centerforimmigra Paperback, ISBN: 1138573124, $133.00 http://www.amazon.com/exec/obidos/ASIN/1138573124/centerforimmigra Kindle, 601 KB, ASIN: B077G83251, $39.99


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