The USCIS has released an inter-office memorandum on the formation of Investor
and Regional Center Unit. Effective the date of this memo, oversight for policy
and regulation development, field guidance, form design, case auditing, and training
regarding Regional Center adjudications and associated investor petitions within
the EB-5 Investor Program, shall reside with PRD/Investor and Regional Center
Unit (IRCU). Given the well documented past abuses in the alien investor program,
and the complexity and sensitivity of the issues and factors relating to both
Regional Centers as well as with individual alien investor cases, there is a need
for effective oversight, coordination and uniform standards governing all aspects
of EB-5 matters.
PRD/IRCU will maintain liaison and regularly consult with Headquarters Service
Center Operations (SCOPS), Field Operations (OFO), Administrative Appeals Office
(AAO), as well as with the Texas and California Service Centers with respect to
the Immigrant Investor Pilot Program, Regional Centers, I-526 and I-829 alien
investor petitions. In addition, PRD/IRCU will work directly with both SCOPS and
the Office of Fraud Detection and National Security (FDNS) to enhance the integrity
of the EB-5 program.
This action is a major step in CIS' establishment of a nationwide and coordinated
adjudicative alien investor EB-5 program, which will strengthen and protect the
integrity of the program while promoting the intent of Congress to encourage investment
and increase employment within the United States. The IRCU's functions and responsibilities
are as follows:
- Sole adjudicative jurisdiction for Regional Center applications pursuant
to the Immigrant Investor Pilot Program for purposes of approval, denial and
Requests for Evidence (RFE's).
- Monitor and follow up on the actions of approved Regional Centers to ensure
compliance with the terms, scope, and conditions of their approval/designation
relative to their approved business plans and indirect job creation methodologies.
- Develop and propose EB-5 program, policy, and regulation changes/improvements
to USCIS management.
- Monitor and be responsible for the policy coordination relating to CIS wide
I-526 and related I-829 Immigrant Investor cases.
- In coordination with SCOPS, conduct quarterly evaluations and an annual
analysis of Regional Center activities in terms of number of alien investors,
aggregate investment capital, average value of investments per alien investor,
aggregate total of direct and indirect jobs per each regional center, and
review total number of alien investors petitioning through each regional center
per year.
- Coordinate with the SCOPS and FDNS, to develop program and process integrity
improvements and assessments for purposes of strengthening fraud detection
and preventing abuses of the program by mala fide promoters and investors.
- In coordination with SCOPS, develop and update Executive Level Review Criteria
(ELRC) for purposes of identifying and selecting I-526 and I-829 Regional
Center affiliated cases to review and/or adjudicate for both audit and "special
handling" to verify consistent application of applicable regulations
and policies, and to provide oversight, guidance and provide priority adjudication
of sensitive high visibility cases.
- In coordination with SCOPS conduct random and focused audits and quality
assurance reviews of individual and groups of both Regional Center affiliated
I-526 and I-829 cases, and non-Regional Center affiliated cases, in accordance
with ELRC procedures.
- In coordination with SCOPS, conduct both Regional Center and EB-5 regulatory/policy
training for CAO's and DAO's adjudicating individual EB-5 alien petitions
as well as petitions affiliated with a regional center.
- Maintains and updates the USCIS web content on the EB-5 program and Pilot
Program information.
To learn more about the mission and organizational structure for PRD/IRCU, click
here
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