USCIS Seeks Public Comments on Proposed Rule Impacting Certain Pending Immigrant Investor (EB-5) Applications

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) seeks public comments on a proposed rule published in the Federal Register today that would enable USCIS to process certain applications approved between 1995 and 1998 by immigrant investors under the fifth preference employment-based immigrant visa classification, also known as EB-5.

See Full Announcement here:       EB-5 COMMENTS

The proposed rule applies to applicants who sought to register for permanent residence or adjust their status or Remove conditions on permanent residence prior to Nov. 2, 2002.  The processes outlined in the proposed rule would provide an additional two-year period for most of these immigrant investors to meet the EB-5 investment and job-creation requirements.

The public has 60 days—from Sept. 28 to Nov. 28, 2011—to submit comments on this proposal, which is available for review at www.regulations.gov.

The new proposed rule is not without its critics.  Stephen Yale-Loehr has written an article entitled, “Why a Proposed EB-5 Rule Hurts Stranded Immigrant Investors.” See Link:    Stephen Yale-Loehr

 



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