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EB-5 Adjudications Policy: Draft Memo for Comment

http://www.uscis.gov/USCIS/Outreach/Feedback%20Opportunities/Draft%20Memorandum%20for%20Comment/EB_5_Adjudications_Policy2.pdf

The USCIS issued the above linked draft memo today, outlining some new policies that are in discussion.  In addition, today (11/9/2011), there was a stakeholder meeting to address the memo and receive feedback.

A couple of highlights from the discussion today were: premium processing (PP) for EB5 cases is likely to be implemented in Spring 2012.  It is to be noted the PP will apply only to new cases and not pending ones.  Currently, there is an 8-9 months backlog on processing, so PP will be very welcome in these types of cases (though, wish pending cases could be fast tracked).

Another issue to highlight is that when it comes to targeted employment areas, the USCIS will readily accept the boundaries determined by the States regarding rural areas. However, USCIS will assess unemployment rates in these situations.

On a downside, it appears that the USCIS will not provide clearer guidance on whether construction jobs will count towards job creation.

Overall, Watson Immigration Law is eagerly awaiting for some of these changes to be implemented as soon as possible.  The draft memo has a lot of information. Hope you will find this useful.