USCIS Director Mayorkas's opening comments to the EB-5 stakeholders present during his private meeting. In these he discusses the three major proposals voiced by the EB-5 community to make the EB5 visa program better:
1. Direct email communication to the Department and the California Service Center (CSC): this has been implemented
2. Premium Processing: 15 Day processing time, new form, form process requires Federal posting and will take months to review. He wants to deliver results quickly to the EB-5 visa community and to expedite the process outside of but not at the expense of implementing proper procedures.
3. Decision Board / Panel: To set up a panel of industry experts to assist the adjudicators resolve difficult issues. They are hiring economists in the next few weeks and three business analysts will be coming online soon to support the CSC analysis of job creation on a real time basis. Also, if there is disagreement from the community on an adjudication, it will be possible to had that decision reviewed by the panel.
He stressed that they are continuing to work on an overarching policy memorandum but are taking time to discuss further.
Last, 3 questions that they have been asked to resolve:
1. That CIS / CSC will give deference to State's designations of TEAs, which they will as to the geographic area, not the level of unemployment
2. That the requirement of job creation applies to the new commercial enterprise and not to the investor's capital. The investment of the 500K does not itself have to create the jobs but the investment has to be the incentive to assist or enable to create the jobs.
3. That the approval of the I-526 exemplar petition is to be binding to the investor's I-526 application as long as the project documentation in the EB-5 investor's application is identical.