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USCIS Proposes EB-5 Changes; Comment Period Closed

U.S. Citizenship and Immigration Services (USCIS) has proposed significant changes to the administration of the EB-5 immigrant investor program's intake and review process. The deadline for comments was June 17, 2011.

USCIS is proposing three fundamental changes to the way it processes certain regional center (RC) filings. First, USCIS proposes to accelerate its processing of applications for "job-creating projects that are fully developed and ready to be implemented." USCIS will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees processing within 15 calendar days for an additional fee.

Second, USCIS proposes the creation of new specialized intake teams with expertise in economic analysis and the EB-5 program requirements. EB-5 RC applicants will be able to communicate directly with the specialized intake teams via e-mail to streamline the resolution of issues and address questions or needs related to their applications.

Third, USCIS proposes to convene an expert Decision Board to render decisions regarding EB-5 RC applications. The Decision Board will be composed of an economist and adjudicators and will be supported by legal counsel.

USCIS's announcement

USCIS's proposal

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