Saturday, May 5, 2012

USCIS cracks down on EB-5 regional center applications

The USCIS has issued new guidelines that basically say, "new EB-5 jobs are not created when existing employees of a business are merely moved by an employer that changes work sites and reassigns existing workers to newly leased space in a building financed by EB-5 investor funds."

Lawyers and petitioners who've filed Regional Center applications containing tenant-occupancy calculation methods soon found out that they need to directly create jobs as their mailboxes were hit with a “blizzard of blue” Requests for Additional Evidence (“RFEs”), symbolic of both the color of RFE cover sheets and the seasonal affective disorders triggered in individuals receiving these cerulean missives this past winter.

For EB-5 immigrants doing direct investments, it is quite easy to prove creation of 10 jobs as the financial records speak for themselves. For EB-5 immigrants wanting to get approval via a Regional Center, it is now hard if not impossible to get approved.

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