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DHS/USCIS RIN: 1615-AC11 Publication ID: Fall 2017 
Title: EB-5 Immigrant Investor Regional Center Program 

The Department of Homeland Security (DHS) is considering making regulatory changes to the EB-5 Immigrant Investor Regional Center Program. DHS issued an Advance Notice of Proposed Rulemaking (ANPRM) to seek comment from all interested stakeholders on several topics, including: (1) The process for initially designating entities as regional centers, (2) a potential requirement for regional centers to utilize an exemplar filing process, (3) continued participation requirements for maintaining regional center designation, and (4) the process for terminating regional center designation. While DHS has gathered some information related to these topics, the ANPRM sought additional information that can help the Department make operational and security updates to the Regional Center Program while minimizing the impact of such changes on regional center operations and EB-5 investors.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 204    8 CFR 216   
Legal Authority: 8 U.S.C. 1153(b)(5)    Pub. L. 102-395, secs. 610 and 601(a)    Pub. L. 107-273, sec. 11037    Pub. L. 101-649, sec. 121(a)    Pub. L. 105-119, sec. 116    Pub. L. 106-396, sec. 402    Pub. L. 108-156, sec. 4    Pub. L. 112-176, sec. 1    Pub. L. 114-113, sec. 575    Pub. L. 114-53, sec. 131    Pub. L. 107-273   
Legal Deadline:  None

Statement of Need:

Based on decades of experience operating the program, DHS has determined that program changes are needed to better reflect business realities for regional centers and EB-5 immigrant investors, to increase predictability and transparency in the adjudication process for stakeholders, to improve operational efficiency for the agency, and to enhance program integrity.

Summary of the Legal Basis:


Anticipated Costs and Benefits:

DHS is still in the process of reviewing potential changes it would propose to the regional center process. DHS may propose to implement an exemplar filing requirement for all designated regional centers that would require regional centers to file exemplar project requests. An exemplar filing requirement could cause some projects to not go forward, but DHS is still in the process of assessing the impacts on the number of projects that may be affected. DHS anticipates that any proposed changes to the regional center program would increase overall program efficiency and predictability for both USCIS and EB-5 stakeholders.



Action Date FR Cite
ANPRM  01/11/2017  82 FR 3211   
ANPRM Comment Period End  04/11/2017 
NPRM  10/00/2018 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Agency Contact:
Lori S. MacKenzie
Division Chief, Operations Policy & Stakeholder Communications, Immigrant Investor Program
Department of Homeland Security
U.S. Citizenship and Immigration Services
131 M Street NE.,
Washington, DC 20529-2200
Phone:202 357-9214