Listening Session: EB-5 Reform and Integrity Act of 2022 Rulemaking
U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a listening session on Wednesday, May 25, 2022, from 2 to 3 p.m. Eastern. The listening session is for stakeholders to provide individual input on rulemaking related to the implementation of the EB-5 Reform and Integrity Act of 2022. USCIS is committed to public engagement and sessions such as these provide us with valuable feedback as we work to improve our programs.
Questions for consideration: Although we are interested in overall feedback about the EB-5 program, we would also appreciate your input on the following questions:
- Evidence
- Are there evidentiary requirements for Form I-526 filings in the existing regulations that should be simplified or modernized? We invite specific estimates of these burdens and potential effects of these simplifications.
- Definitions
- Are there undefined or other ambiguous terms in the existing regulations or statute that DHS should define or clarify through rulemaking?
- Should we keep the “troubled business” definition in the existing regulations (8 CFR 204.6(e), 204.6(h)(3), and 204.6(j)(4)(ii))? If we keep the definition, should we revise it and, if so, how?
- Should we keep the definition of “new” for a commercial enterprise in the existing regulations? Is there an alternative approach for what should be considered “new” (for example, a more recent cutoff date or a particular period for determining whether a commercial enterprise is “new”)?
- General
- Are there other processes or requirements in the existing regulations or statute that DHS should clarify or further develop through rulemaking? For example:
- The process we will use to designate and communicate high unemployment areas.
- Factors we should consider in determining if a regional center’s geographic area is “limited.”
- How construction jobs for less than two years will be calculated.
- Are the expansion and restructuring requirements in the existing regulations still relevant?
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