Review our. A list of terminations is posted on the USCIS website to improve program transparency and facilitate investor due diligence. (Recommendation 2), Immigrant Investor Program: Opportunities Exist to Improve Fraud and National Security Risk Monitoring. SEARCH FOR EB-5 REGIONAL CENTERS BY PROJECT ADDRESS. On March 15, 2022, President Biden signed into law the EB-5 Reform and Integrity Act of 2022. We found that USCIS's methodology for reporting program outcomes and overall economic benefits of the EB-5 Program was not valid and reliable because it may have understated or overstated program benefits in certain instances. Weband Immigration Services (USCIS), the Immigrant Investor Program Office (IPO), administers the EB-5 Program. Immigrant Investor Program Office (IPO (Except for communication made by applicants and petitioners pursuant to regular adjudicatory procedures.) GAO's Fraud Risk Framework is a set of leading practices that can serve as a guide for program managers to use when developing efforts to combat fraud in a strategic, risk-based manner. If you would like to provide feedback on this uscis.gov website, you may email us at uscis.webmaster@uscis.dhs.gov. Citizenship and Immigration Services (USCIS) has recently taken steps intended to enhance fraud detection and mitigation activities for the Employment-Based Fifth Preference Immigrant Investor Program (EB-5 Program) and address previous GAO recommendations. The employment-based fifth preference (EB-5) visa category was created in 1990 to encourage foreign investors to provide capital and promote job creation in the U.S. Secure .gov websites use HTTPS Federal agencies that propose new regulations or forms, or changes to existing regulations or forms, generally publish notices in theFederal Registerand provide a specific period of time to receive public comments. Call us on +1 844 290 6312 for immediate help & assistance the IR5 Visa. You may sign up with USCIS to receiveautomatic notifications, including information regarding new regulations, policies, and forms or changes to them. Therefore, we suggest that you do not include sensitive personally identifiable information (such as your Social Security number) in your email to us. Direct Links: EB-5 Immigrant Investor Program: USCIS administers the EB-5 program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Non-Precedent Decision of the Administrative Appeals Office. U.S. Immigration Services, Department of Homeland Security. USCIS also works closely with its sister agency, U.S. Immigration and Customs Enforcement (ICE), as well as with the Federal Bureau of Investigation (FBI) and the U.S. Department of State, in support of our oversight of the EB-5 program. Depending on what information we need to respond to your request, wemay forward a service request to the office that is processing your case. They can also answer your questions about E-Verify policies and procedures, Form I-9 and employment eligibility. However, it does not have readily-available data about the types and characteristics of fraud unique to the program, such as those related to schemes to defraud investors. How Do I Change My Two-Step Verification Code? We typically invite the publicto submit commentsregarding Policy Manual publications within 10 business days of publication. Please include the form number, receipt number, petitioner and/or applicant name, and mailing address. Expanding security checks to cover regional center businesses and certain executives participating in the EB-5 program, thereby strengthening the vetting process. These centers included major real estate development projects. This report addresses, among other things: (1) characteristics of EB-5 investors, (2) the extent USCIS collects data to monitor fraud and national security concerns in the EB-5 program, and (3) USCIS efforts to assess and address overall EB-5 fraud and national security risks. DHS concurred with the recommendations. Were here to help you in person, via the phone or online. The time has come for investors that are interested in the U.S. EB-5 investment migration program to collect their documents, consult an experienced EB-5 expert and have everything USCIS collects some data on EB-5 fraud and national security concerns that it investigates. Citizenship and Immigration Services . The policy memorandum, which was finalized after two rounds of public comment, serves as guidance to USCIS officers adjudicating EB-5 cases and is available to the public for reference. Do you have a question about the one of the following forms under the EB-5 Program, also known as the Immigrant Investor Program? The Immigrant Investor Program, which adjudicates applications and petitions seeking benefits under the fifth preference employment category, or EB-5. An official website of the United States government. Allow 21 calendar days for IPO to review and respond to your email. To strengthen USCIS's EB-5 Program fraud risk management, the Director of USCIS should develop a fraud risk profile that aligns with leading practices identified in GAO's Fraud Risk Framework. Regulations, Forms, and other Information Collection Activities. Agency Information Collection Activities; Revision of a Currently Implementing protocols approved in April 2015 by the Secretary of Homeland Security related to the ethical administration of the EB-5 program. The Service Center Operations Directorate (SCOPS) has five service centers (California, Nebraska, Texas, Vermont, and Potomac) that process and adjudicate certain immigration applications and petitions. EB-5 | Homeland Security USCIS By developing, maintaining, and using its profile to inform fraud risk management activities, USCIS will be better positioned to prioritize and respond to evolving fraud risks to the EB-5 Program. We reported that while USCIS had taken steps to address the fraud risks it identified by enhancing its fraud risk management efforts, USCIS's information systems and processes limited its ability to collect and use data on EB-5 Program participants to address fraud risks in the program. Glendaly Sanchez has been selected to serve as acting deputy chief of staff for operations in the Office of the Director. EB-5 participation declined sharply from fiscal years 2016 through 2021, primarily due to fewer Chinese investors. With the continued support of this Committee, I am confident that we can overcome the challenges that face the EB-5 program and ensure that it fully realizes its goal of stimulating the U.S. economy through job creation and capital investment by foreign investors, while safeguarding national security and the integrity of this valuable immigration program. If completed, these actions should address the intent of our recommendation. Comments received in these ways are not considered public comments for purposes of notice-and-comment rulemaking. Immigrant Investor Visas - Travel Looking for U.S. government information and services? However, the study would not include program costs, which are important for assessing a program's net economic impact. ACTION: 60-Day notice. USCIS Provides in-person information and documentary services for applicants. However, USCIS's methodology for reporting program outcomes and overall economic benefits is not valid and reliable because it may understate or overstate program benefits in certain instances as it is based on the minimum program requirements of 10 jobs and a $500,000 investment per investor instead of the number of jobs and investment amounts collected by USCIS on individual EB-5 Program forms. What GAO Found. As the United States Government Accountability Office (GAO) noted in its August 2015 report to Congressional requesters on the EB-5 program, this move was part of a restructuring to help USCIS better detect fraud. Approximately two years after admission as a conditional permanent resident, the immigrant investor is required to petition USCIS for the removal of conditions, at which time the investor must show that he or she invested or was actively in the process of investing the requisite capital, that he or she sustained those actions for the period of residence in the United States, and that job creation requirements were met or will be met within a reasonable time. Looking for U.S. government information and services? and Immigration Services . If implemented, I believe these common sense reforms would create immeasurable benefits for the EB-5 program. We at USCIS look forward to continuing to assist Congress, working closely with staff from both the Senate and the House to provide technical assistance and comments to the language of any EB-5 reform legislation. Based on these numbers, it is estimated that at least $8.7 billion has been invested into the U.S. economy through the EB-5 program since October 1, 2012. View List of Potential Regional Center Sponsors; Projects. Lockbox receipting of two other forms (forms I-924 and I-924A) is pending OMB approval, according to USCIS officials, and should enable receipt of these forms in the lockbox and transmittal into USCIS's case tracking system for analyses. Immigration 1. Signed by Judge Rudolph USCIS expects to complete these steps by September 2023. Stay informed as we add new reports & testimonies. USCIS USCIS also provided documentation of its plans for conducting future risk assessments of the program. Review our. Recognizing these limitations, USCIS has taken preliminary steps to study digitizing and analyzing the paper files submitted by petitioners and applicants to the program, which could help USCIS better identify fraud indicators in the program; however, these efforts are in the early stages. GAO reviewed relevant program documentation and information; selected and reviewed a random, nongeneralizable sample of immigrant investor petitions and regional-center applications submitted between fiscal years 2010 and 2014; and compared USCIS's actions against GAO's Fraud Risk Framework. Additional Actions Needed to Better Assess Fraud Risks and Report Economic Benefits. GAO-15-696, Immigrant Investor Program: Additional Actions For people who are deaf, hard of hearing, or have a speech disability: Citizenship and Immigration Services, Department of Homeland Security. Although we will read every email message within two business days,we are not able to respond to each message we receive. The Department of Homeland Security concurred with GAO's recommendation. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. All News | USCIS Citizenship and Immigration Services invites you to take part in a webinar on Tuesday, June 27, from 1 to 2 p.m. Eastern, to discuss the Notices of Funding Opportunity for the fiscal year 2023 Citizenship and Integration Grant Published: Sep 13, 2016. Establishing a Customer Service and Stakeholder Engagement team dedicated to the EB-5 program in April 2014 to address inquiries and requests for assistance, enhance transparency and customer service, and manage IPOs stakeholder engagement plan. Office A primary benefit of the regional center program for immigrant investors is the ability to count jobs created indirectly toward statutory job creation requirements based on economic projections, relying on reasonable methodologies, rather than only counting jobs directly created by the NCE. GAO-16-828, IMMIGRANT INVESTOR PROGRAM: Progress The Department of Homeland Security's U.S. For example, USCIS is leveraging overseas staff to investigate potential fraud associated with unlawful sources of immigrant investor funds and is conducting a site visit pilot to help assess the potential risks of fraud among EB-5 program investments. WebThe U.S. Date: JUNE 6, 2023. This report examines the extent to which USCIS (1) has taken steps to enhance its fraud detection and mitigation efforts; and (2) has incorporated selected leading fraud risk management practices into its efforts. In September 2015, USCIS stated that the agency would conduct its next fraud, national security, or intelligence assessment in fiscal year 2016 and one assessment annually thereafter. The service centers and the NBC do not provide in-person assistance with questions about your case. GAO was asked to review the EB-5 program. Immigrant Investor Program: - U.S. Government Accountability Establishing a new EB-5 Policy and Performance Division within IPO in FY 2016 to devote additional staff in support of the EB-5 programs increasingly complex policy and regulatory requirements. Approved Collection: Immigrant Petition for Alien Workers AGENCY: U.S. Citizenship and Immigration Services' (USCIS) Employment-Based Fifth Preference Immigrant Investor Program (EB-5 Program), that USCIS had commissioned the Department of Commerce's Economics and Statistics Administration (ESA) to conduct a study of the economic impact of the EB-5 Program. If you would like to notify us of a systemic operational issue, such as a pattern of potentially incorrect notices, you may contact us atpublic.engagement@uscis.dhs.gov. Since establishing IPO to oversee the EB-5 program, USCIS has undertaken and planned several initiatives to strengthen the program. Forward your email and the response to the Publicly Released: Mar 28, 2023. You may search the latestUSCIS Federal Register notificationsregarding regulations, forms and other information collection activities. In May 2023, USCIS reported that it had conducted initial internal meetings and developed a project plan to collect and assess these data. Participants are required to invest $1 million in a business that is to create at least 10 jobs--or $500,000 for businesses located in an area that is rural or has experienced unemployment of at least 150 percent of the national average rate. EB-5 Initial Investor Petitions U.S. USCIS Forward your email and the response to the, Add the word ESCALATE (in all caps) to the subject line and use the body of the email to summarize why you believe the matter needs further attention; and. In August 2015, we reported on the Department of Homeland Security's (DHS) U.S. Potential regulatory action to strengthen the program that USCIS plans to propose includes changes to improve the integrity of targeted employment areas; increase minimum investment amounts that have remained unchanged for 25 years; and require business plan filings in advance of investor filings to improve program efficiencies and reduce the potential for investor fraud. USCIS Share sensitive information only on official, secure websites. Citizenship and Immigration Service (USCIS) EB-5 Immigrant Investor Program allows qualified investors to become eligible for green cards for themselves and their Further, the EB-5 Reform and Integrity Act of 2022 gives USCIS new denial and termination authorities to address fraud and national security concerns. Speak with a USCIS spokesperson regarding media inquiries. We are currently recruiting to fill vacancies to bring IPO to its FY 2016 authorized staffing level of 171 in an effort to reduce our backlog. WebFiling EB-5 Application Under $500,000 Rules. I share the Committees focus on reducing the risk for fraud, preserving our national security, increasing the transparency and consistency of EB-5 visa adjudications, and further strengthening the operations and integrity of the EB-5 program. USCIS agreed with this recommendation. However, USCIS has not developed a fraud risk profile, an overarching document that guides its fraud management efforts, as called for in the Fraud Risk Framework. The Petitioner seeks classification as an immigrant investor pursuant to the Immigration You do not have to be living at the safe address. Citizenship and Immigration Services (USCIS) office that manages the EB-5 program and processes EB-5 petitions. More than doubling the number of embedded FDNS EB-5 staff in FY 2015 and more than tripling the number of overseas verification requests sent to post in support of combatting fraud in the adjudication of EB-5 applications and petitions. The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) serves as a liaison between the public and U.S. USCIS does not have documented plans to conduct regular future risk assessments, in accordance with fraud prevention practices, which could help inform efforts to identify and address evolving program risks. Appeal of Immigrant Investor This page in Simplified Chinese. We will continue to accept applications for U nonimmigrant-based Form I-485 filed at the Vermont Service Center until April 12, 2023. After that date, we will reject any U nonimmigrant-based Form I-485 filed at the Vermont Service Center. Currently, in instances where USCIS has criminal or security concerns about a regional center, USCIS has to either demonstrate these concerns are related to the regional centers failure to promote economic growth or demonstrate the regional centers failure to promote economic growth separately from any criminal or security concerns, which is an unnecessarily lengthy and circuitous route to terminate a regional center. Victims of Criminal Activity: U Nonimmigrant Status | USCIS For all T nonimmigrant status and T-based adjustment of status applications: U.S. We recommended ways to collect and track more specific data. To address this shortcoming, in an effort to more accurately and comprehensively assess and report program outcomes and the overall economic benefits of the program, we recommended that USCIS include a discussion of the types and reasons any relevant program costs were excluded from the Commerce study. USCIS concurred with our recommendation, stating that it would recommend to the Department of Commerce that a description of potential costs not assessed as part of the study be included when the study was published--later that year. Report any EB-5 notice or decision that appears to contain a gross error. Immigrant Investor Program: Opportunities Exist to How Can I Delete My USCIS Online Account? Visit ourFOIA and Privacy Actwebpage to make an inquiry. DHS concurred with our four recommendations. How Do I File An Equal Employment Opportunity Complaint? However, USCIS does not collect data on the reasons for (1) denying EB-5 petitions and applications, and (2) terminating Regional Centers. ALERT: The filing location for U nonimmigrant-based Form I-485 is now only at the Nebraska Service Center. If approved, the conditions on the investors permanent residence are removed. GAO recommends that, among other things, USCIS conduct regular future risk assessments, develop a strategy to expand information collection, and analyze the data collected on program forms to reliably report on economic benefits.