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Update on EB5 stakeholder meeting by USCIS on January 23, 2012.

On January 23, 2012, the USCIS held a stakeholder meeting. A few issues to note are as follows:

  • The USCIS will defer to State agencies for Targeted Employment Area designation.
  • 2364 applications have been filed already in the first quarter of FY 2012.
  • As the number of applications has increased, staffing levels have been increased at USCIS to support demand.  In summer of 2010, there was only one team to adjudicate these petitions.  At present, there are four teams as well as a supervisor and in-house economist.
  • About 85% of all EB5 visas are processed through consular processing.
  • It was mentioned that should the demand for EB5 visas exceed the quota, it is likely that cases will have Priority Dates in accordance with dates of filing.  Thereafter, visa availability will be updated in monthly visa bulletins (our regular readers will know about our monthly visa bulletin updates, so we will be sure to include this information if and when it becomes necessary).

It was an interesting and helpful meeting. No mention was made of whether Congress will extend the EB5 program beyond 2012 and no mention was made of premium processing.

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