The Proposed USCIS Regulations Do Not Address Fraud in EB-5 Program

Any and all federal programs are subject to fraudulent actions by small groups of bad actors.  It is for this reason that each and every major federal program is accompanied by the delegation of enforcement authorities to the relevant regulator.

USCIS has spent considerable time on restructuring the USCIS program through  a series of proposed rulemakings instead of focusing  on enforcement.  Even if the totality of the USCIS  proposed structural changes were to become law they  would have virtually no impact on eliminating fraud  in the  USCIS program. What is the rationale for making structural changes through new regulations a higher priority than enforcing existing regulations?

USCIS Needs to Decrease Processing Time for EB-5 Visa’s

Editor’s Note:  USCIS has been spending considerable time on restructuring the  EB-5  program; instead what is needed is making the existing program more efficient  by streamlining the application process for a visa.  Refocusing USCIS’s priorities  will allow the EB-5 program to fulfill its statutory objective of  creating  new jobs.

By Joseph A. Mann Jr. | June 15, 2017

EB-5 financing can provide up to 35% of investment stack, but lining up investors may take years: panel

Fort Lauderdale has been a “tepid” market for EB-5 investors, while investment in Miami has been strong

Real estate experts rally behind proposed EB-5 legislation

Editor’s Note:  The author concludes:

Either Congress will pass a new EB-5 law, which will be the best news,” said H. Ronald Klasko. “Or the U.S. Citizenship and Immigration Service will pass regulation that will have a significant impact on the EB-5 program.

If USCIS promulgates a rule anywhere close to the  one it proposed, it will most certainly “have a significant impact on the EB-5 program” because it could paralyze the program.