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...
2012 in Review a retrospective
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!
A Trade Off Between Quantity and Quality America has been built by immigrant entreprenuers for hundreds of years. Every ethnic neighborhood is loaded with small businesses run by and for immigrants and the more successful ...
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...
Addressing the I-924A It is that time of year when Regional Centers need to prepare and file their Annual Reports to USCIS on Form I-924A! Here is something to hopefully help you do it.
Agenda Items for USCIS EB-5 Economist Enagagement U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas has invite any and all interested individuals to participate in a stakeholder engagement with USCIS economi...
An EB-5 Fairy Tale This one is just to prove to you that even though I am very serious about this EB-5 Regional Center business I do have a sense of humor, too.
Beware the Real Estate Speculator Methodology In the attached three-page essay, I opine just a little on Carlsson et al v. USCIS et al, which was filed on September 13, 2012. You can find a link to the Complaint in the attached essay...
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...
Caveat Investor! Investor Beware! I was asked if I had heard anything about a particular project that had been pulled from consideration. I had not but it got me thinking about the subject. Attached is a short (2 page--re...
Current List of My Published Articles Most of what I write is about EB-5 but not all of it is. Attached is a list of my articles (current as of September 20, 2012) all of which have been publised in Immigration Daily (f...
Defining EB-5 Jobs see attached
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...
Dirty Money Is VERY Bad for EB-5 The short essay attached was inspired by the "Compliant" which is also attached.
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 Count on a Regional Center "Sunset" I am not worried about the possible "sunset" of the law that allows for the existence of EB-5 Regional Center. EVEN IF it does "sunset", it is "more likely ...
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-2 Entrepreneur Guidance When EB-5 is not a good fit BUT your business plan is more substantial than a "subsistence level" mom-n-pop family run business, EB-2 COULD be an alternative. Please read ...
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 "Exemplars" One word used in two ways in EB-5 has lead to confusion. Read about it...
EB-5 & Other Links These are lists of my published articles, to date (8-17-12) and some slightly older items. Enjoy!
EB-5 Backlog for China? This may just be speculation but the signs are pointing in this direction............
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 October 16th 2012 Engagement I submitted some agenda items for the upcoming EB-5 Engagement. See attached.
EB-5 Oversights The attached is only a reminder to some but ,might be "groundbreaking" to others. Where do You fall in that mix?
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 ...
EB5 Reality Check A few things to think about in the coming new year.
Examining Issues in Carlsson case The Carlsson case provides us with various avneues of inquiry. The attached article briefly discusses just a couple.
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...
I-924 Regional Center Balancing Act This one discusses some important considerations for both the EB-5 Stakeholder and for USCIS. Both side have to be cautious and need to see where the other is coming from. It is a b...
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. ...
Jobs Within a Reasonable Time If a project was delayed, you will have to show that the will be created within a "reasonable time".
KSAs for Regional Centers This one is for the I-924 Applicants on how to improve their chances of approval and possibly the pace of their I-924's adjudication.
Latest EB-5 Newsletter I have been writing and posting a monthly Newsletter since January 2012. I am attaching the latest one. The prior editions are posted at www.slideshare.ner/BigJoe5
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...
Legal Framework This one is rather long and complex and still does not answer everything. Not by a long shot!
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...
Licensure When seeking Regional Center Designation you are actually applying for a LICENSE from USCIS to sell services to EB-5 Investors! It is merely the first step. Each Specific Proje...
Limited Approval for Regional Center I see great potential to the approach utilized here. Please think it over.
Loans as Source of Capital for EB-5 Invetment Attached is a short (barely four and a half page, 14pt font) article on a topic I hope all will find intersting.
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...
Material Change Prohibition goes back at least to 1977 This is an article that discusses the two page decision potsed just below.
Matter of Heidari, 16 I&N Dec. 203 (BIA 1977) This is amuch older case than Izummi that disallowed a case to proceed due to material changes. It involved an investor under the OLDER Investor immigration pathway.
Mixed-Use Misconceptions in EB-5 The attached is merely one page and I urge all to read it.
More About "Tenant-Occupancy" Methodology The attached contains my latest understanding of this poorly named lousy methodology.
More about NEXUS How much support MUST be given to a "tenant" in order to take credit for the "indirect" jobs they create?
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 EB-5 Consulting Business Plan I provide documents vetting, consultation through in-depth discussions, and specialized training.
My EB-5 Newsletter September 2012 EXTRA! Do Not Delay--Looming Deadlines! Read the latest and get a ton of links in this One-Page EB-5 Newsletter--EXTRA Edition!
My Latest Thoughts on Regional Center Management Attached are two short essays on Regional Centers and the "Pilot Program".
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.
Negative Consequences to Avoid It can be exceedingly expensive to cut corners or be cheap at the wrong time. Sadly, folks are learning this the hard way!
Newly Released EB-5 Decisions USCIS has posted some additional EB-5 Administrative Decisions on its website (category B-7). Although dated in January 2011, I only ran across them on June 15, 2012. I have not had ...
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. ...
NEXUS Revisited This goes hand-in-hand with the prior article.
No Guarantees in EB-5 See attached.
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 ...
OFAC Final Rule and EB-5 The Office of Foreign Asset Control [OFAC] is publishing, on 10-22-2012, a Final Rule regarding Iranian Transactions and specifically talks about EB-5. See the rule with highlightin...
On Case Prep & Presentation My perspective on my role as an EB-5 consultant.
On Material Change What is the effect of material changes on EB-5 projects.
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...
Qualifying Employees for EB-5 A short review of critical issues for EB-5 Visa Holders as "employers" in the U.S.
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...
Real Estate as Capital Investment for EB-5 After the confusion caused by the June 22, 2012, Economists Engagement, USCIS has issued a Q&A but I offer these additional comments on a topic where I perceive some rather poin...
Redacted RFE with MY Comments Attached is a real RFE (heavily redacted as to names, addresses, and case numbers). I have added brutally honest commentary.
Regarding "Affiliation" I have seen folks mistakenly believe that they could offer a project to alien investors as EB-5 qualifying and include indirect jobs merely by virtue of being physically located ins...
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 El Monte.... I am indebted to this website for providing more grist for the mill. They posted the latest AAO Regional Center Decision as provided by the recipient. I have added some comments. Th...
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...
Reviewing Recently Released AAO Regional Center Decisions Part I USCIS recently posted three AAO non-precedent Dismissals of Appeals from CSC's Denials of Regional Center Proposals. I happened to see thwm on September 12, 2012, but they may have ...
Reviewing Recently Released AAO Regional Center Decisions Part II USCIS recently posted three AAO non-precedent Dismissals of Appeals from CSC's Denials of Regional Center Proposals. I happened to see thwm on September 12, 2012, but they may have ...
Reviewing Recently Released AAO Regional Center Decisions Part III This is the 3rd and last installment in this series.
Role of the Regional Center Do you know what you are getting into?
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 I had a problem with USCIS tossing out the label "Tenant-Occupancy Methodology" without defining it. The recent (Dec. 20, 2012) memo sent via e-mail on Dec. 28, 2012, help...
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 CIS Ombudsman Recommendation I submitted the attached and asked the CIS Ombudsman to study the issue and please make such a recommendation to USCIS.
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...
Summary of Tenant Occupancy Methodologies More than one approach may be called "tenant occupancy" but only ONE is suitable for an EB-5 Project.
Tenant Occupancy OR Insufficient Nexus? Here is my take on USCIS' "Tenant Occupancy" message of Feb 17, 2012.
Timelines and Processes in EB-5 The attached contains a chart that may help you get a grip on the multiple applications involved in EB-5. As I have frequently pointed out, especially to USCIS concerning its traini...
Timelines and Processes in EB-5 Here is a one-page cheatsheet on EB-5 timelines.
Troubled Businesses in EB-5 Attached are a few thoughts on underlying fundamental questions concerning the concept of rescuing a failing business via EB-5 efforts.
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...
What is YOUR Opinion.... I want to hear from other EB-5 Stakeholders. I want to see your ideas and learn your thoughts and concerns.
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 ...

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