October 22, 2019

October 22, 2019

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October 21, 2019

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OMB Sends Proposed Rule-Making for the EB-5 Program Back to USCIS for Publication

On Jan. 9, the Office of Management and Budget (OMB) published a notice that, as of Jan. 6, it had completed its review a proposed rulemaking that the Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) had drafted to make changes to the current regulations as they relate to the EB-5 Immigrant Investor Program. The title of this rule is “Improvement of the Employment Creation Immigrant Regulations.”

On Jan. 10, DHS released the Advance Notice of Proposed Rulemaking (ANPRM), which will be published in the Federal Register Jan. 11, to gather more information relating to Regional Centers. An ANPRM invites feedback and information to shape a proposed rule and starts the notice and comment period. Comments will be accepted for 90 days from the date of publication. The ANPRM seeks comments on several topics relating to the EB-5 Regional Center Program, including the process for designating entities as regional centers, establishing requirements for regional centers to utilize the exemplar filing process, the process to maintain regional center designation, the process to terminate regional center designation, and measures for ensuring safeguards for monitoring and oversight.

OMB clearance is the last procedural step in the rulemaking process. DHS can now release a Final Proposed Rule at will. Those regulations, as previously reported, will purportedly include changes that will result in increased investment amounts and change the way targeted employment areas (TEAS) are determined. We anticipate that further proposed rules could be released in the next few days and will include changes to TEA designation and minimum investment amounts.

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About this Author

Laura Foote Reiff, Greeberg Traurig Law Firm, Washington DC, Northern Virginia, Labor and Employment, Immigration Law Attorney

Laura Foote Reiff Co-Chairs the Business Immigration & Compliance Practice and is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. Laura focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues.

Laura advises corporations on a variety of compliance-related issues, particularly related to...

Robert Maples, Greenberg Traurig Law Firm, Northern Virginia, Washington DC, Government Policy

Robert Y. Maples is experienced in the Washington, D.C. federal, state and public affairs arenas. He has also been an advocate for building pragmatic alliances to resolve major social issues and has pioneered strategies for addressing complex public affairs crises in collaborative versus confrontational contexts. He continues his advocacy of pragmatic alliances in furtherance of client/government collaborations among the Congress and federal agencies, and serves as state counsel on complex client public policy matters. He is experienced in complex problem solving in regulatory and legislative environments and his client interests have led to Food and Drug Administration (FDA) activities and cybersecurity representation.

Robert maintains a Washington presence for a consumer product manufacturer with matters before the FDA. He authors a daily FDA e-newsletter, FDA Tracker, and is active on FDA matters with daily posts and observations of FDA-related news with social media. Robert’s Twitter account, @FDA_Track, was recognized by the Regulatory Affairs Professionals Society for his FDA-related work on the "Using Twitter as a Regulatory Intelligence Tool: The 300 Accounts Worth Following" list.

Kristen Ng, Greenberg Traurig Law Firm, Nortrhern Virginia, Immigration Law Attorney

Kristen W. Ng focuses her practice on business immigration and compliance matters. She advises individuals and companies on a wide range of immigration matters, including nonimmigrant and immigrant employment-based cases, citizenship issues (acquisition, retention and relinquishment) and investor cases (E-2 and EB-5). She communicates directly with clients, including HR managers, high-level executives, and employees to ensure comprehension of each respective immigration process and procedure and to collaboratively produce the best immigration strategy and approach for...