USCIS Annual Ombudsman’s Report Addresses EB-5 Visa Program

The USCIS Ombudsman’s Office, the office responsible for assisting potential citizens with immigration issues, released its 2013 Annual Report on June 27, 2013. The report includes information on the EB-5 Immigration program, as well as data on I-925 applications for FY 2010-FY 2012. The report concludes that there was a 300% increase in filings requesting residency from 2010 through 2012. In 2013 alone, the organization received 441 requests for EB-5 case assistance, roughly 10% of the total office’s workload.

The summarized I-924 data is as follows:
FY 2010: 152 filings – 8 approvals – 41 denials – 0 Requests for Evidence (RFEs)
FY 2011: 278 filings – 123 approvals – 58 denials – 56% RFE rate (156 total)
FY 2012: 240 filings – 35 approvals – 63 denials – 75% RFE rate (180 total)

The report also includes data for I-526 petitions received during the same span. Data is as follows:
FY 2010: 1,955 filings – 1,396 approvals – 165 denials – 22% RFE rate (430 total)
FY 2011: 3,805 filings – 1,571 approvals – 373 denials – 72% RFE rate (1,131 total)
FY 2012: 6,041 filings – 3,671 approvals – 957 denials – 44%RFE rate (2658 total)

The report also mentions some milestone events that have occurred over the past year. Instances mentioned include the move of the California Service Center to Washington, DC; the release of the proposed EB-5 Policy memorandum; the March 5th Stakeholder meeting and tenant occupancy. The report references the USCIS tool “My Case Status” to conclude that as of February 28, 2013, there were 6,025 Form I-526 Petitions pending. Those requests faced an average wait time of 11.7 months.

The petitions in waiting comprise nearly $billion in potential project funding and 60,000 new full-time jobs in the United States awaiting USCIS action. The report addressed this fact, as well as the ramifications of keeping such economy-boosting opportunities on backlog. The Ombudsman indicated that they will continue to resolve individual EB-5 cases, review relevant policies and evaluate stakeholder concerns, as appropriate.

The Office of Mediators at the U.S. Citizenship and Immigration Services (USCIS) is primarily responsible for overseeing and coordinating the work of USCIS and assisting potential immigrants. On June 27, 2013, the Office of Mediators released its 2013 Annual Report. The report covers the EB-5 immigrant visa program and I-925 application data from fiscal years 2010 to 2012. The report summarizes that from 2010 to 2012, immigrant application submissions surged by 300%. In 2013 alone, the Office of Mediators received 441 requests for assistance with EB-5 applications, representing approximately 10% of its workload.

The following is a summary of I-924 applications:
Fiscal Year 2010: 152 applications filed – 8 approved – 41 denied – 0 requests for further evidence (RFEs);
Fiscal Year 2011: 278 applications filed – 123 approved – 58 denied – RFE rate of 56%;
Fiscal Year 2012: 240 applications filed – 35 approved – 63 denied – RFE rate of 75%.

The report also includes data on I-526 applications received during the same period. Specific information is as follows:
Fiscal Year 2010: 1955 applications – 1396 approved – 165 rejected – REF rate 22% (out of 430)
Fiscal Year 2011: 3805 applications – 1571 approved – 373 rejected – REF rate 72% (out of 1131)
Fiscal Year 2010: 6041 applications – 3671 approved – 957 rejected – REF rate 44% (out of 2658)

The report also mentioned several major events since last year, such as the relocation of the original California service center to Washington, D.C., the release of the EB-5 policy memorandum, the stakeholder meeting on March 5, and rental employment. The report noted that as of February 28, 2013, 6,025 I-526 petitions were pending according to the U.S. Citizenship and Immigration Services’ “My Case Status” system. These applications had been waiting an average of 11.7 months.

In other words, billions of dollars in investment projects in the United States, representing 60,000 full-time job creations, are awaiting approval from the USCIS. The annual report raises this issue and analyzes the negative impacts of this backlog of opportunities that could significantly boost economic development. The Mediator’s Office stated that they will continue to assist in resolving some EB-5 cases, analyzing relevant policies and comprehensively considering the circumstances of all parties involved.