The EB-5 Reform and Integrity Act of 2022 brought many changes to the EB-5 program. For the latest information, please click here.
On March 28, 2013 the USCIS Office of Public Engagement and the Office of Transformation Coordination conducted a stakeholder teleconference. During this engagement, USCIS officials solicited feedback from stakeholders regarding Form I-526, Immigrant Petition by Alien Entrepreneur and e-filing in USCIS ELIS.
Klasko Law attorneys attended the meeting. Below are notes taken during the teleconference:
- Daniel Renaud Statement
- Most recently was the Director of the VT Service Center, now Acting Chief of EB-5 HQ. All of CSC EB-5 has been realigned to report to DR.
- Role: Lead EB-5 operations and current adjudication, and transition workload to new DC HQ for EB-5
- ELIS: E-filing of I-526 Petition
- Excited about integrating EB-5 into electronic immigration system
- ELIS is a web-based system that streamlines immigration benefit process, allows ppl to create an “account” and file an application online
- First step: Starting w/ I-526, this would be the first of the four forms that would be moved to ELIS
- Benefits:
- Reduction of reliance on paper, which has several shortcomings (storage, damage, significant expense in moving filings);
- Enhanced security for people to send information;
- Increased community btwn “customers” and adjudication team in responding to RFE, and simply way to pay for benefit itself;
- Ability to see status of the case online will also be provided, which is currently not offered
Questions & Answers:
- QUESTION: When filing a 526 petition, also incorporating the supporting documentation that goes along w/ a 526 (direct, or regional ctr), usually comprised of 3 different sections w/ quite extensive paper volume. Is ELIS filing just talking about the form itself? The large volume of paper documents are going to be part of the e-filing? If so, how? If yes, suggest that once an EB-5 regional ctr is “approved”, then maybe does not make sense for each subsequent 526 petitioner to re-submit identical RC documentation in their own individual application?
- ANSWER: There is a strong suggestion that information can be shared across multiple applications, going to continue discussing how to make the process more streamlined
- ANSWER: Developing a system that would be able to handle that volume of paper through the ELIS system for an I-526
- QUESTION: In the case of a non-regional ctr, if there are 1,000 supporting documents that have to go w/ the petition, how would it work in ELIS? Would the attny be responsible for uploading 1,000 documents? Or writing a summary? How much will they have to literally type into ELIS? Will there be time out problems?
- ANSWER: ELIS process: Petition would be there for the info to be filled-in, w/in a “Q&A” mode (i.e. TurboTax/helper mode).
- ANSWER: Ability to upload various documents is a fairly simple process to do, in that, there would be various categories of evidence that would need to be uploaded w/ the 526, as described in the Form instructions
- ANSWER: Go into that category of evidence, and then each specific document could be uploaded one at a time and then “categorize” each document per category of evidence
- ANSWER: Categorizing them is an “electronic tabbing”, similar to Table of Exhibits
- ANSWER: Adjudication officers being able to “pull down” the info and docs for review is a technical problem that’s being address
- SUGGESTION: If the first investor for a 526 RC inaccurately makes a statement about an RC, then this could be become “adopted” to subsequent individual investors for their 526 in the same RCtr. Suggest an ability/mechanism for the investment (RC) to enter information about itself through ELIS which can then be “linked” to individual investors’ 526.
- RESPONSE: Great idea, but not something that will be enacted any time soon
- RESPONSE: Target goal for release of ELIS for 526 purposes is Summer 2013
- COMMENT AND REQUEST: Nervous about using I-526 to “test” the ELIS process, without providing some extra or added benefit to everyone involved in the process, especially regarding the duplicate documentation issue regarding multiple individual investors for a single regional center. Particularly concerned about the “pre-set” categories for documentation upload, there is a vast array of documents for each individual. Request to “tone down” the imposed use of the pre-set categories, because there will be a consequential difficult on the uploading side that will be “much higher” than envisioned. Maybe instead very large categories that would incorporate many types of documents, or perhaps, electronic data drives for submission instead of uploading.
- Thank you. No commentary provided.
- COMMENT AND SUGGESTION: Agree that additional testing is an important idea. Has had unfortunate negative experiences with ELIS, would implore USCIS to test messaging system which ELIS utilizes. Encourage USCIS to look at PACER, which is what Fed Cts use, and develop a combination of ELIS & PACER’s systematic abilities. Should pay attention to other agencies which have experience with online filing so that attnys feel more comfortable filing large documentations online.
- RESPONSE: Thank you. No real commentary, and apology for negative experience with ELIS.
- COMMENT/QUESTION: Agree with Sofia about using PACER, or PACER being a good example for uploading documentation electronic. Does ELIS have capacity to receive large files? Would also like there to be some sort of account identification number for a regional center in lieu of constantly re-uploading regional center documents for each individual investor. If electronic system in use, will that shorten the approval time?
- ANSWER: Something in development that is currently being worked on
- ANSWER: USCIS will be able to share w/ the customer the size of the file which will be accommodated through e-upload eventually
- ANSWER: Not able to comment on approval time frame or changes to it. Hope for increased efficiency, but can’t tell.
- QUESTION: What does USCIS mean by greater efficiency or improved processes? What are the goals with the ELIS use?
- ANSWER: Current System: I-526 process is 100% paper based, the petitioner will fill out I526 form, sign, and then pull together all supporting documentation and submit. RFE requests are then made to lawyers, and all next steps remain paper (receipt of add’l info, finding the officer, and getting it back through all the different disciplines).
- ANSWER: Electronic system: Upon acceptance into the system, will then go into a electronic queue. When the ‘record/application’ moves fwd in the queue, then several disciplines would review the documentation (business analyst, immigration officer, etc.) and recording their notes in the same central system. If approved, the approval will be documented in the system, then a notice goes out electronically/hardcopy. RFE will be handled in a matter of hours (vs days or weeks).
- QUESTION: Once ELIS is up and running, will people still be able to file through mail? What are the other three forms that will be done through ELIS, and what is the timeline?
- ANSWER: Yes, once ELIS is up and running, paper channel will still be available for filing.
- ANSWER: End of 2014/Beginning of 2015: ELIS system in use for the removal of conditions
- QUESTION: Do you envision that this process will be used for stand-alone EB-5 I-526 categories? How can ELIS apply to so many different types of filing documents? Businesses for stand-alone EB-5s can vary from restaurants, farms, and pharmacies. The businesses bear no resemblance to each other, and the types of documents used to prove investments are very different. How can this be standardized?
- RESPONSE: Attempting to be all-inclusive with the present guidance.
- RESPONSE: Thank you for your comment, and take it as a note for something to work on, and maybe engage on a little more.
