Expert Insight Series: IPO Gains Efficiency, Optimistic for 2018

We have recently learned that there are 30,259 EB-5 cases registered at the National Visa Center (“NVC”) waiting for final interviews of waiting for their priority dates to become current. This figure from the Department of State (“DOS”) suggests and increase of over 20% since last year. This figure may not give us the precise number of current applicants as attrition from causes such as dropout, divorce or death all cause meaningful changes to EB-5 wait times and line lengths. That said, this increase in the number of registered cases may be cause for concern for some EB-5 visa applicants as it may indicate a longer wait time for full visa approval.

There are some reasons to be optimistic, however. Especially for mainland Chinese investors in the EB-5 waiting line, some proposed legislative changes may help to alleviate long wait times.

One interesting piece of legislation is the Fairness for High-Skilled Immigrants Act of 2017. Introduced to the U.S. House of Representatives in January 2017, this bill would:

1. eliminate existing per-country limits on employment-based immigrants
2. Eliminate a provision in the Chinese Student Protection Act of 1992 that reduced annual Chinese immigrant visas to offset status adjustments under this Act

These changes would accelerate timelines for some mainland Chinese investors, helping to at least reduce wait times and waitlist lengths for this group.

At the same time, we have heard from Senator Chuck Grassley and Representative Bob Goodlatte, both of whom have meaningful influence over this immigration issue, have indicated that they will support the “Hatch” proposal which largely endorses H.R. 392. This proposal would accelerate visa obtainment for EB-5 visa seekers from China with 2014 and 2015 priority dates. Essentially, this would make one’s place in the waiting line independent of their nation if chargeability.

We are keeping a close eye on these developments and will continue to update our readers as we get a sense of how things will play out in 2018.

As always, if you need the help of an experienced EB-5 immigration attorney, please reach out to Mark Ivener for assistance.

Expert Insights Series 2

As we posted last week, we are delivering a series of posts to distill some key insights from the Immigrant Investor Program Office’s (“IPO”) last stakeholder call. Today’s post seeks to explain some of IPO’s key views on priorities and tactics for 2018. These insights are key for thinking about upcoming EB-5 visa applications, so anyone seeking an EB-5 visa should try to understand how these plans might affect their process.

Key Points for 2018

Incorporating Hybrid Teams

• IPO has done some restructuring, creating divisions of Adjudicators and Economists who focus on I-829 adjudications and customers service enquiries. Thus far, IPO has seen success from this initiative, resulting in a reduction in I-829 processing times. IPO expects that they will continue to see efficiency gains through 2018.
• As an added bonus, this new structure has reduced average customer inquiry response times from around 20 days to closer to 5 days.
• IPO is looking to expand on this success by rolling out a hybrid team to focus on I-526 applications. Which will likely allow IPO to better meet their mission by increasing staffing capacity and knowledge gained through training and the expansion of current employees’ skill sets.

Q & A on Policy Manual and Regulations
Q: Is USCIS currently working on further revisions to the Policy Manual? If so, what are the
topics under consideration? Is there a rough time frame for release? Please confirm that any
revisions will first be open for comment.
Response: USCIS continues to review the Policy Manual for updates on issues as needed. We are
working on policy, as soon as we have something to share, we will. Thanks.

Q: We note that the date for “final action” on the NPRM, DHS Docket No. USCIS-2016-0006
has been changed to April 2018. Please share with us the status of proposed rulemaking.
Response: As noted, the DHS Unified Agenda shows a final action date of April 2018. As with
any rulemaking, USCIS is required to review, consider, and respond to comments received as part of the rulemaking process when finalizing the regulation. The final rule, published in the
Federal Register, will include the effective date of the regulation.

I-526 and I-829 Approval Publications

• Interested parties can find approval publications at the following URLs:
  • https://www.uscis.gov/tools/reports-studies/immigration-forms-data/data-set-form-i-526-Immigrant-petition-alien-entrepreneur
  • https://www.uscis.gov/tools/reports-studies/immigration-forms-data/data-set-form-i-829-petition-entrepreneur-remove-conditions 

Cases Adjudicated out of First In-First Out (FIFO) Order
IPO deployed a new case assignment process in 2017. Under the new process, unworked Regional Center New Commercial Enterprises (“NCEs”) are assigned to Adjudications Officer teams where lead officer will perform an initial review of I-526s. After the initial review, remaining (and future) I-526s associated with that NCE are placed into the general queue for adjudication.

Under this new process officers from any team or division are able to order cases by the earliest filing date within the pool, regardless of NCE. This has lead to a more balanced workflow.

At the same time, this allows IPO to maintain the efficiency gained by assigning single NCEs to a team and also expands the pool of available cases to officers. This should allow IPO to push closer to a complete FIFO order.

For more Expert Insights, read our First and Third instalments.