“EB-5 is not regular immigration law, but complicated and different.” — Julia Harrison, Deputy Chief of the USCIS Immigrant Investor Program
Live from Los Angeles, CA – MSA is at IIUSA’s 6th Annual EB-5 Industry Forum, a two-day event held from October 10-11.
Just a few moments ago, Julia Harrison, Deputy Chief of the USCIS Immigrant Investor Program Office (IPO) (rumors are that Ms. Harrison will be taking the position of Chief shortly!) addressed the delegates with updates and comments, answering several complex questions from practitioners. She stated that EB-5 was “not regular immigration law, but complicated and different, and we appreciate this.”
Administrative Updates:
Ms. Harrison began with acknowledging the lengthy adjudication / processing times. She stated that USCIS are keenly aware of this and are creating additional teams to alleviate the pressure. In addition to a new manager for the clerical team, IPO has developed a new team for customer service. This is welcome news as the officers who would adjudicate I-829 applications, would also be able to answer inquiries, with more complete answers rather than the typical “your case is still pending” answer. The IPO is also dedicating valuable time to the new Policy Manual.
USCIS is also conducting virtual video interviews for I-829 applicants. Rather than time consuming travel to different states, the applicants are required to appear at their local field office for the interview.
Necessary website pages are being translated into Mandarin, with other languages pending. In addition, the new forms for the I-526 and I-829 remain open for comments and will take time before final implementation; however, the filing fee increases are likely to go into effect soon as the office is completing the final stages. It is likely that this the fee increases will take 30-60 days to implement.
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Use of Chart B:
Ms. Harrison stated that Chart B is utilized only when “more visas are available than people”. She commented that given recent numbers, it is not likely that Chart B will be used in the near future, instead will rely on the Final Action Dates. Following a passionate plea by Bernie Wolfsdorf, Ms. Harrison stated that expedited requests should be used when age-out is imminent, but should not be relied upon.
Charles Oppenheim, Chief of Visa Controls Office at the U.S. Department of State, just announced that for November, the Final Action Date for China will move forward to March 8, 2014. Further, for the month of December, that date will continue to progress to March 22, 2014.
