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Marked Override But Does Not Override
This is game-changing good news, if USCIS also sees what Robert sees in the law. USCIS is extending this deadline until we publish guidance that clarifies the requirements of these forms. Also Section 201(c) says that any unused numbers from the previous year's worldwide employment limit fall across and are to be used in the determination of the next year's family sponsored annual limit. This could be a back door to recapturing at least FY2022's large number of unused EB-5 visas, which would be very valuable. And here's the Settlement Agreement. Case remains pending telegram group links. While USCIS does not report data specific to EB-5 I-485, I always check the category-wide I-485 report and look at performance numbers for the California Service Center, where most (all? ) The numbers suggest that EB-5 is not a priority yet for the administration/USCIS. After arriving in Morocco on a flight from Turkey, where he had been living with his family since 2012, Aishan was arrested on the night of July 19-20, 2021 on the basis of what is known as a red notice issued by Interpol at China's request, "for belonging to a terrorist organization. " EB2-1 485 case remains pending??
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Addressing adjudication resources is the best and toughest solution. Litigators, is there anything we can do about systemic adjudication problems behind mass denials, or do petitioners really just have to fight battles individually in the sluggish AAO process? Yesterday I got another update saying case remains pending. If Congress and issuers want another $8 billion dollars a year from EB-5, they can (1) free up visas for the investors who contributed the first billions (an estimated 80K-100K visas are needed to clear the EB-5 backlog), and also (2) increase the EB-5 visa quota so that it can sustainably accommodate up to 16, 000 investors a year (i. make the limit 3x to 4x higher than it has been). We will use this feedback to inform future policy changes and operational improvements. The form is exciting due to its ambiguities (with vague terms pointed out in the draft I-956K still undefined), and the dramatic consequences of getting it wrong. Telegram report says data to despite. USCIS has not determined what will happen to regional centers that choose not to file Form I-956. People in government and industry who want to pave the way for future EB-5 investment and more I-526 (I-526E) filings must look at processing factors as of today.

Uyghurs are increasingly experiencing persecution and large-scale human rights violations in Xinjiang. Former Coinbase product manager pleads guilty to criminal charges in landmark case. As in 2019, the top users in 2022 were (in descending order): China, India, Vietnam, South Korea, Brazil, and Taiwan. Because, for example on this set-aside provision where it's saying, ok, if there are unused numbers under the 20 percent set-aside, that those numbers should be reserved and added to the next year's limit. Regular H1B - H4 visa. If that equation gives a false result, then something's wrong with USCIS data reporting.

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Just 188 I-526/I-526E were filed in July to September 2022. But this grand gesture would only help our past clients if unused reserved visas can indeed eventually be accessed by the backlog – an open question. And again, I think that's why it's going to be important to clearly interpret how you distinguish unused numbers. Attention IPO, YOU ARE BEING WATCHED! This number reflects market potential for EB-5 outside of backlogged countries, and is also the variable factor determining visa supply for China. The Justice Department indicted Ishan Wahi in July, alongside his brother and friend, in connection with an insider trading scheme to front-run listings of new tokens on Coinbase. Part 4: Application. 2, 000 rural visas per year can sustainably accommodate around 700 investors per year, and will cease to offer a fast track when demand exceeds that level and creates new backlogs. EB2-1 485 case remains pending?? | Lawfully. There aren't so many green-shirts ahead of him, but large crowds generally, a question of how long the green-shirt-priority boarding will last, and apparently just one employee working on check-in. Pay attention to volume trends, and to the distribution of filing dates being adjudicated. At last report (in November 2020, the last time IPO deigned to have a stakeholder engagement of any kind), the Investor Program Office at USCIS had a staff of 232 people.

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The data supports a reasonable hypothesis: that the longer an I-526 stays unadjudicated, the more likely it is to end in denial or withdrawal. The visa bulletin change is good news for those few Chinese direct investors who are in a position to protect children by filing visa applications, or far enough along with paperwork to jump at the chance for final action. I have also created a new Processing Data page to house trend charts. China ended the year with only 199 direct EB-5 visas issued – not much higher than usual, and not explaining the unexpected thousands of Chinese who adjusted status in 2022. Morocco: Uyghur Activist at Risk of Extradition. I-956 and I-956F filings commenced in Q4, but the USCIS data report for Q4 does not report them. The stakes are very high.

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Contrary to popular belief, EB-5 investment does not purchase a green card. What happens if owner leaves telegram group. Reserved visas also have no incentive value for incoming EB-5 applicants from low-demand countries, since these applicants already have visa availability protected by country caps, and no visa backlogs to avoid. Of course, no visas were issued in 2022 in the "5th Set-Aside" categories, since no applicants who filed I-526 after March 15, 2022 could have reached the visa stage in time. In the first 8 months of FY2022, IPO has only approved 223 I-526. But I-526 problems are not unique.

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I am not reporting on receipts in the FY2021 Q3 USCIS report, because I note an error. Data from an unofficial source for I-526 RFE and NOID issued since July 1, 2021. If the law changes midstream, too bad. If that report is accurate, how few people must have been assigned to I-526 in July 2021, to result in an average of only 2 decisions and 6 total actions per working day? Legislation is the only path forward to protect the program as a whole, or at least its past investors. I have no idea why I-829, after having shown an improvement trend in 2020, actually got worse again in 2021, even after the regional center program lapse made more resources available to work on I-829.

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Over 95% of the estimated total EB-5 applicants are likely associated with regional centers, judging by past experience. IPO would have to process almost 5, 000 I-526 per quarter and 4, 400 I-829 per quarter to clear the the current inventory in 8 months. That would be only fair. The legal obligation is there. Who is willing to take the first step toward affecting change — identifying and discussing EB-5 processing problems — when the problems look discouraging? I want I-829 numbers to show success through to the EB-5 finish line. 5 months indicates that 50% of recent I-829 decisions were on cases younger than 35. Once an immigrant visa number becomes immediately available to you, we will resume processing of your application. Most commonly it seems to happen within five months, but occasionally takes years. This complicates time estimates for individual cases. Email me at if you want a personalized (but still unfortunately complicated and qualified) guided tour.

IPO has been assigning a miscellaneous but decreasing assortment of I-526 up to but so far (since July) never passing November 2019 priority dates, despite available direct EB-5 inventory that was filed more recently. Wake up and look busier! I will continue to track this number with interest and concern. Here is a copy of an email I received yesterday from USCIS, inviting people who have filed a form with USCIS in the past 12 months (or their advocates) to apply for participation in a focus group. USCIS has not yet decided whether it will take the position that RIA requirements, such as fund administrators and audits, apply to pre-RIA projects. EB-5 demand from China vastly exceeded the per-country level several years ago (by 52x in 2015), then fell to almost nothing.

Trend charts also show I-485 processing issues that predate the regional center program expiration, and even the pandemic. Because demand cannot vary unpredictably, any inventory pile-ups can only be blamed on IPO inefficiency and poor planning. It appears that the conflict has not been resolved in EB-5's favor. Decision (Approval or Denial). I considered writing an article about the October 2022 Visa Bulletin, discussing what it means for demand to "materialize, " as the visa bulletin notes like to say. Even if the new law does make 32% of 10, 000 annual EB-5 visas practically unavailable to the backlog of pending applicants, that shouldn't hurt minority countries in theory. Current DHS and USCIS leadership recognize and deplore the agency-wide problems, which is encouraging. Many stakeholder questions about ambiguities were met with the response "USCIS may consider rulemaking to address these issues. The status quo at the Investor Program Office is not good for anyone, not even direct EB-5. Right now there are only two for non-regional centers and regional centers. That's over 10, 000 regional center investors and their families and over 5 billion dollars in limbo associated with pending I-526 alone, not to mention over 70, 000 regional center applicants at the visa stage. EB-5 investment – as reflected in I-526 filings – exceeded the sustainable level every year since 2011. A relatively high percentage of EB-5 visas in FY2021 were issued through Adjustment of Status — not because 31% of EB-5 demand is living in the U. S., but because COVID-19 shut down consular processing abroad more than I-485 processing in the U. See slide 10 of "Part 1: A discussion with Charles Oppenheim" (November 19, 2020) 2020 IIUSA Virtual Forum [v] Charles Oppenheim, Chief of the Visa Control & Reporting Division at the U.

You're welcome to download and play with this and apply your own assumptions. This article has five parts: Analogy: To set the stage, I suggest the analogy of an airport (like EB-5, a multi-stage process), and passengers waiting on standby (analogous to oversubscribed EB-5 applicants waiting on unused visas).