"USCIS’ efforts to regulate “excess demand” in the EB-5 program is
gross government interference by web fiat. No entrepreneur sets out to
develop anything if she believes that there will be insufficient demand
for the contemplated project. The tenant-occupancy stratagem is just
another example of how USCIS’s constant moving of the goalposts in the
EB-5 game does nothing but create unease and uncertainty. Worse yet, the
new demands ignore the Obama Administration's own statements
acknowledging that counting jobs is not an exact science but instead
requires "crude" measures that involve admittedly inexact presumptions.
See, e.g., "Estimates
of Job Creation from the American Recovery and Reinvestment Act of
2009," Executive Office of The President Council Of Economic Advisers,
The opaque and secretive nature of how USCIS came to this decision is
anything but a confidence-building measure. How will USCIS handle the
indignation that is expected on the tenant-occupancy issue during the
May 1, 2012 EB-5 stakeholders meeting? Presumably, the agency will have
already reviewed the critical reactions of the American Immigration Lawyers Association (AILA) and the Association to Invest in the USA (IIUSA).
Will USCIS announce its intention, as the 2002 legislation
requires, to publish a proposed regulation on job-creation calculations
(and meantime refrain from denying EB-5 petitions)? Will the OMB step
in to police these USCIS shenanigans? Will the DHS Office of Inspector
General investigate USCIS's lawless disregard of its rulemaking duties
under Public Law 107-273 (as the GSA's OIG has done of that agency's
Vegas escapades)? Will this USCIS scandal form the plot for The Hangover (Part III)? Apparently, AILA and the IIUSA must hire the GSA's mind reader to find out." - Angelo Paparelli, Apr. 22. 2012.