In its response to the OIG report , USCIS argues against the responsibility to gauge EB-5 ’ s economic benefit . Frankly speaking , who can blame the USCIS for not wanting to be responsible for tracking the murkiest , most complex part of the EB-5 program ? Clearly , this responsibility must be shifted to a different agency — an agency that possesses the necessary expertise and adequate resources to track indirect and direct job creation .
Let ’ s allow USCIS to focus on drafting new and improved EB-5 regulations that are consistent with the statute . Let ’ s let USCIS take their limited resources and cooperate with other agencies to keep everyone on the path toward integrity , consistency and overall improvements to the program forged by Deputy Secretary Mayorkas while he served as USCIS director . Let ’ s not dilute their ability to effectuate change by spreading their resources too thin . Let ’ s also hope that USCIS does not forget how important open and ongoing dialogue with the public is ; surround sound communication is key .
Conclusion
As more foreign investors immigrate to the United States , there are sure to be sensational headlines . While the negative press of the year past was disheartening for the EB-5 community , it may serve as a catalyst for welcome reform . Because of recent investigations , the EB-5 community is wiser than we were a year ago . We have welcomed the increased transparency , dealt with the scrutiny , and are looking forward to increased professionalism and additional oversight by the government .
In order for the EB-5 industry to continue down the path to becoming a mainstream financing option , reputable developers and regional centers must continue to enrich the offerings of the program . The key to advancement of the EB-5 program lies in carefully orchestrated and committed interagency cooperation and ongoing , open dialogue with the stakeholders . This will only be effectuated with both legislative action and regulatory overhaul . Such collaboration needs to include ongoing dialogue between agencies . The coming year is certain to be a roller coaster , but I am confident that reform and interagency cooperation will foster the necessary confidence , consistency , and integrity that we need in the EB-5 program .
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Dawn Lurie leads the EB-5 industry practice at Polsinelli PC in the
Washington D . C . office , and has more than two decades of experience working with the EB-5 program . Publications including Chambers , Best Lawyers , Legal 500 , and Who ’ s Who Legal , have ranked her as a leading business immigration lawyer . She regularly works with regional centers , investors , and developers on EB-5 deals and focuses on compliance and due diligence issues . Dawn writes about and speaks on this topic and is frequently quoted in national media . She is also a recognized national expert in Form I-9 compliance and other
Dawn Lurie immigration visa processes .
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