The EB-5 Business Immigration Law Firm

If you are a foreign investor who is interested in seeking U.S. permanent resident status through the EB-5 Green Card investor program, contact the law firm of IVENER & FULLMER to schedule a free consultation or speak with EB-5 Green Card attorney Mark Ivener to discuss your immigration goals.

We are available to answer your questions about EB-5 Green Cards, including:

IVENER & FULLMER LLP concentrates in the area of U.S. investment immigration law. Attorney Mark Ivener has decades of experience in helping immigrants from around the world achieve U.S. permanent residency. You can contact Mark Ivener via email at mark@eb5investment.com or by calling (888) 241-8188.

Entrepreneurs, investors, retirees, doctors, professionals, and students are among those for whom the EB-5 program is well suited. Read more about the ABC's of who should consider an EB-5 Regional Center.


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New Developments in EB-5s

Prior EB-5 specific news bulletins are available here.

USCIS Creates Controversy Over Tenant-Occupancy Economic Model

    USCIS has issued over 80 RFEs concerning the tenant-occupancy methodology in recent months. Some regional centers have complained that the new memo constitutes a change in policy and that in any event, USCIS should not apply its new interpretation retroactively to already approved regional centers or EB-5 petitions that were filed before the February 17 memo.

    In an effort to explain its position, USCIS Director Alejandro Mayorkas held a conference call on April 27, 2012, on the tenant-occupancy economic model and related RFEs. According to an unofficial transcript of his comments, Director Mayorkas said there would be a follow-up engagement on this topic and that USCIS plans to release a tip sheet with economic analysis guidance. He noted that USCIS has hired full-time economists and business analysts to improve the quality of the agency’s work and the analysis of EB-5 petitions.

    Director Mayorkas noted that USCIS decisions on the economic methodology presented in EB-5 cases are “very fact-specific.” He said that USCIS has a “deference policy” and is “communicating to our adjudicators that they are to accord deference to prior adjudications.” He noted that USCIS’s adjudicators “should rely on a previous determination that the economic methodology is reasonable when [it] is presented to us in a later proceeding based on materially similar facts.” If the facts underlying the application of the economic methodology have materially changed, however, USCIS would conduct a fresh review of the new facts “to determine whether the petitioner or applicant has complied with the requirements of the EB-5 program, including the job creation requirement.”



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