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DOJ/EOIR RIN: 1125-AA49 Publication ID: Fall 2008 
Title: Reopened Proceedings on Petitions for Alien Entrepreneur Immigrant Classification (EB-5 Visas) 
Abstract: This rule amends the regulations of the Executive Office for Immigration Review (EOIR) of the Department of Justice (Department) to implement changes made by the 21st Century Department of Justice Appropriations Authorization Act of 2001, Public Law 107-273 (Nov. 2, 2002), to the EB-5 Alien Entrepreneur immigrant classification. This rule will be published in conjunction with a corresponding rule of the Department of Homeland Security (DHS) that addresses changes to their part of the adjudication. In order to be eligible, an alien must have filed a motion to reopen with the former Immigration and Naturalization Service on or before January 2, 2003, seeking reconsideration of his or her case under this new law. This rule provides the process by which certain aliens, who are seeking immigrant status as alien entrepreneurs, may obtain EOIR review of adverse determinations on the removal of the condition on permanent resident status made by United States Citizenship and Immigration Services (USCIS), a component of DHS. In addition, this rule also establishes procedures for aliens who have received favorable determinations on the removal of the condition on permanent resident status and who have final orders of deportation or removal or who have cases that are pending or administratively closed before EOIR. 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 1003    8 CFR 1216    8 CFR 1240   
Legal Authority: 8 USC 11866   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  06/00/2009    
NPRM Comment Period End  08/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Jean King
General Counsel
Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2600,
Falls Church, VA 22041
Phone:703 305-0470
Fax:703 305-0443
Email: eoir.regs@usdoj.gov