Amid prolonged uncertainty about the future of the EB-5 Program, USCIS appears to be forging ahead with attempts to improve its systems and service. At the November 1, 2016, liaison meeting with the American Immigration Lawyer’s Association (AILA) USCIS Field Operations Liaison Committee and participating EB-5 Committee representatives, USCIS’s Investor Program Office (IPO) answered some probing questions about: 1. Whether cases in fact are processed as first-in-first-out, 2. The reason multiple project Requests for additional evidence (RFE) have been issued in certain instances; 3. Whether customers can expect more meaningful responses to inquiries; and 4. Whether regulations are still in the works given the uncertain legislative environment.
USCIS responded to these questions with detail, candor, and transparency. It explained that the September 2015 and December 2015 surge of filings resulted in difficulties aligning I-924 exemplars with associated I-526 petitions; IPO explained that this surge resulted in procedural hiccups such as RFEs being issued on petitions with no action on associated exemplars. In addition, multiple project-side RFEs appear to have been the result of deluged systems prohibiting coordination. USCIS reported that the I-924 to I-526 alignment should work properly going forward due to fixes now in place. USCIS also announced at the EB-5 Summit in Washington D.C., on October 24-25, 2016, that email boxes will be staffed by IPO examiners who are able to provide more case-specific feedback to problems and questions raised by filers. AILA expressed the frustration that customers experience when cases appear derailed or unduly delayed, yet only stock responses are given to bona fide questions. USCIS’s solution is responsive to an important concern voiced by advocates and customers and promises needed transparency in case resolution.