EB5 Investors Magazine "Top 25 Awards Edition" Volume 8 Issue 1 | Page 6

EB-5 Litigation: The new norm for EB-5 investors EB-5 stakeholders are now increasingly willing to challenge USCIS denials, delays, RFEs and interpretations of EB-5 regulations in the courts. And the courts are listening. By Joseph Barnett and Bernard Wolfsdorf L itigation and turning to the courts in the EB-5 immigrant investor arena is increasing as the most viable solution for the many challenges immigrant investors face. USCIS continues to set-up barriers to make it more difficult at every level. Initial I-526 petitions are lingering for years, then the inevitable request for more evidence, regardless of what is submitted, is the new normal. Denials rates have skyrocketed, and the USCIS EB-Immigrant Processing Office is simply not doing its job, unless the job is defined as undermining a program that brings jobs and capital to the U.S. After the petition is approved, IPO often fails to transfer the 6 EB5 INVESTORS MAGAZINE file to the National Visa Center for weeks and often months, and even in some cases, for years. Thereafter, even though the applicant provides all the documentation for the next step, all they get is standard emails that say nothing and interviews are not scheduled because of layers of Trump bans. This, together with understaffing, and what appears to have been a very clear policy of making it difficult, or even impossible to immigrate, has caused a surge in litigation. Those filing for adjustment of status in the U.S. see their cases sitting forever; work and travel cards applications take years, and the adjustment seems to sit for years without action. The I-829 removal of conditions is also taking years to adjudicate,