Silver Surfer Articles

"Within the Scope" ??? Transparent Complexity to Achieve Flexibility, Hmmm? USCIS states in the DRAFT EB-5 Policy Guidance Document which is open for comment until December 9, 2011--- “Historically, USCIS has required a direct connection betw...
A Bungled I-526--For Shame! I don't expect anyone to ever own up to this one. You have to read it to believe it!
AAO Upheld Victorville Termination-It's NOT Over Yet The Status Report required by the ealier Stay in this case has been filed. It reports that AAO upheld the Certified Decision to Terminate the Victorville Regional Center. The actual...
Buffalo, NY is Ready to GROW! NY Gov. Andrew Cuomo's State-of-the-State address includes: $1 Billion Economic Development Package for Buffalo: Buffalo is the third poorest city in the nation with 28% of its residen...
DHS/USCIS "Executive Intent" Today, Jan. 6, 2012, DHS sent a "Notice of Intent" to the Federal Register and it is scheduled for publication on Monday Jan. 9, 2012. This is an important step in the evolution...
Dissecting The Regional Center Approval Notice The attached contains a mere four pages (in large 14 point font) blow-by-blow of the standard features of the Regional Center Approval Notice.
Don't Leave Your Economist Out of the Loop So, you are putting together a new EB-5 project either as an actual or exemplar for either an I-924 as either an initial or amendment or perhaps filing an exemplar I-526 (for the fi...
Due Diligence: NOT Just A Catchphrase Companies have sprung up for the express purpose of performing “due diligence” for EB-5. Great! What the heck do they mean by that? The term “due diligence” has a ...
EB-5 "Capital" "Investment" Defined The attached discusses, in a preliminary manner, how to interpret and apply the 8 CFR definitions of "Capital" and "Invest" to your EB-5 financial arrangements.
EB-5 Entitlement? I posted this elsewhere a little while ago (Sat. 3/24/12) and it seemed to be quite poular with over 550 views in an hour or so. I did not want anyone at this site to miss out.
EB-5 in Historical Perspective The EB-5 Visa was created BEFORE the Pilot Program and Regional Center concepts came into being. The original regulations came first and only addressed the EB-5 Visa intended for th...
EB-5 Nexus of Infrastructure A lesser point made by Izzumi pertains to establishing a sufficient EB-5 money to jobs nexus. Ponder this: IF an EB-5 RC Project builds an airport can it lay claim to the all the positi...
EB-5 Policy Development Strategy Explained The Stated EB-5 Policy Development Strategy The introductory material to the Draft EB-5 Policy Guidance Document of 11-09-2011, acknowledges that EB-5 involves: A significant numb...
EB-5 Senate Hearing 12/07/2011 “Reauthorizing the EB-5 Regional Center Program: Promoting Job Creation and Economic Development in American Communities” Senate Judiciary Committee Full Committee ...
I Thought I Saw That Somewhere Before Please open the attachment.
I-924 Decision Board: To Be or NOT To Be? Back in May 2011 (almost a year ago as of this writing), USCIS announced that it was contemplating operational changes for EB-5. Three broad changes were put forth. Processing times were...
Issue Preclusion on Settled Methodology Once USCIS has accepted the indirect job creation prediction methodology and that acceptance has been relied upon to sink millions of dollars into a project it will not be revisited. ...
Latest Posted AAO Regional Center Decision I just came across the latest posted AAO Decision concerning a Regional Center at: http://www.uscis.gov/err/K1%20-%20Request%20for%20Participation%20as%20Regional%20Center/Decisions_Issue...
Lessons Learned from Victorville Attached is one last comment on the Victorville saga. They filed a Voluntary Dismissal on February 8, 2012, before USCIS could file anything further and it means that the District C...
Made in Chinatown, U.S.A.? Here is a concept I wish someone would seriously consider. Since so many Chinese want to invest in the U.S. how about somebody increase employment in the U.S. by creating more...
My Commentary on May 2, 2011 AAO RC Decision AAO releases a Regional Center Decision and we get an Update form them in short order. Will we see more Decisions posted soon?
My Take on the Latest USCIS Guidance Here is the latest USCIS EB-5 Guidance with my comments. They say its on Tenant Occupancy but I see it more as an explanation of the limits on deference to prior decisions.
Newly Released EB-5 Materials USCIS has posted some information that had already been requested and released via FOIA (the Freedom of Information Act). Posting saves them from having to make a full release again. ...
No Such Thing as Pre-Approval in EB-5 I speak from first hand experience when I say that the concept has been misunderstood, misconstrued, mischaracterized, and has strayed far afield from the original intent and purpos...
NYC Speaking Engagement April 27, 2012 I will be attending the EB-5 Investment Summitt: Dealmakers Conference http://www.eb5newyorksummit.org/ on April 27, 2012, and speaking http://eb5news.blogspot.com/. My presentation will ...
On the Tenant Occupancy RFE Language I get the distinct im;pression that on the one hand, some rather poor quality submission were received by USCIS and on the other hand, certain elements within USCIS are stuck in the Cultu...
Questions and Answers: Form I-924A USCIS has just posted Q&As for completing your first I-924A (on 12/06/2011) at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=263c5...
Regarding EB-5 "Qualified Employees" I appreciate AILA's comments on the USCIS Draft EB-5 Policy Guidance Document. There is one item that jumps out as disingenuous and is frankly beneath them. It's inclusion has...
Regarding the I-924 Application The Tenant Occupancy "Guidance" published May 11, 2012 reiterates what we already knew but people still seem confused. Well, you can count on me to confuse you more! Enjoy...
Seeing the "Big Picture" through A Microscope I am attaching a small collection of short, direct, and straight-to-the-point writings in which I attempt to shed some light on the deeper meaning behind the headline of this articl...
Some EB-5 Myths That Need to be Put to Rest Individual investors need to know the realities rather than the myths that have been exacerbated by hype and which have been perpetuated both intentionally and unintentionally. These are ...
Still no such thing as pre-approval in EB-5! Far too many folks still think that there is such a thing as "pre-approval" for an EB-5 project. That is 100% WRONG! The idea for an exemplar I-526 came from EB-5 Stak...
Suggested EB-5 RC Regulatory Changes The attached is an update to my earlier suggested revisions to the EB-5 Regional Center Regulations at 8 CFR 204.6(m). You can agree or disagree, I don't care. What is importa...
Tenant Occupancy OR Insufficient Nexus? Here is my take on USCIS' "Tenant Occupancy" message of Feb 17, 2012.
USCIS EB-5 Stakeholder Engagement 2012 Schedule Mark your calendars folks! The EB-5 folks are leading the pack at USCIS and are the first program to post their 2012 schedule. As we all know, changes can happen but this is the plan righ...
Where to Begin? Sometimes people contact me and state that they basically already know how EB-5 works but merely want to as a few specific questions. That first assertion often informs me that they...
Worth of the I-526 Exemplar as a RC Amendment Please read this two-page essay.
Your 1st I-924A is Due on Dec 29, 2011 !!!! Did you select and report the correct NAICS Code in connection with your I-924A? Are you sure? Suppose that Your RC itself facilitates the formation of EB-5 investor Limited Partn...
Your Opportunity to Improve the I-924 Form! The USCIS Form I-924 is under review. A form is an information collection instrument and as such must be approved by OMB. It usually must be reviewed periodically (that is the reason for ...

Send Information Request to Advisor

Contact Information

Address

Silver Surfer Articles