" USCIS appears committed to getting promoters and migration agencies to file the new Form I-956K registration , which requires a written agreement confirming ."
6 . PATH OF FUNDS – In addition to showing how the investment capital was lawfully earned , it has become increasingly important to show how those funds were transferred from abroad to the United States , in particular from countries with outbound monetary restrictions . Immigrant investors would be careful to only use licensed money exchangers who are willing to provide documentation to show the lawful actions .
7 . HIGH UNEMPLOYMENT AREAS – When the U . S . Bureau of Labor Statistics updated their statistics at the end of April 2023 , the national unemployment rate fell significantly . However , under the terms of the RIA , investors can still qualify for lower investment amounts based on investments today provided the Regional Center submitted a Form I-956F before the statistics changed .
8 . PROMOTER REGISTRATION AND FEES – USCIS appears committed to getting promoters and migration agencies to file the new Form I-956K registration , which requires a written agreement confirming compliance with the RIA and U . S . securities laws . USCIS wants EB-5 entities to disclose all fees and compensation paid to such individuals and organizations in connection with a particular investment project .
9 . REDEPLOYMENT / SUSTAINMENT PERIOD – USCIS still has not confirmed how long a post-RIA investor must sustain an “ at risk ” investment in the NCE . This issue arose due to sloppy drafting of the RIA by Congress and confusion has emerged as an unintended consequence of a strict reading of the statute . Until USCIS indicates otherwise , it is advisable to maintain the investment funds until at least two years of conditional lawful permanent residency have passed .
10 . EB-5 PROCESSING – It ’ s unclear if USCIS will process new EB-5 petitions in a separate queue from pre- RIA petitions and how long it will take USCIS to adjudicate a recently filed I-526E filed in 2023 . While the concurrent adjustment provision dampens the blow for some , unduly long processing times are still troublesome as they disadvantage immigrant investors abroad who patiently wait in line . Unfortunately , USCIS ’ Immigrant Investor Program Office is struggling to provide answers to critical
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