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DHS/USCIS

RIN: 1615-AC26

Publication ID: Fall 2018

Title: ●EB-5 Immigrant Investor Program Realignment
Abstract: The Department of Homeland Security (DHS) plans to publish an advanced notice of proposed rulemaking to solicit public input on proposals that would increase monitoring and oversight of the EB-5 program as well as encourage investment in rural areas. DHS would solicit feedback on proposals associated with redefining components of the job creation requirement, and defining conditions for regional center designations and operations.
Agency: Department of Homeland Security(DHS)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: Undetermined	Unfunded Mandates: Undetermined
EO 13771 Designation: Other
CFR Citation: 8 CFR 204.6 8 CFR 216.6
Legal Authority: 8 U.S.C. 1153(b)(5) 8 U.S.C. 1186(a) 8 U.S.C. 1153

Legal Deadline: None

Statement of Need:

DHS will solicit public input on proposals that would increase monitoring and oversight, encourage investment in rural areas, redefine components of the job creation requirement, and define conditions for regional center designations and operations.

Summary of the Legal Basis:

This rule is based on the authority of DHS to designate regional centers and to permit investors to establish reasonable methodologies to demonstrate job creation under 8 U.S.C. 1153 note (Public Law 102-395, sec. 610 (as amended)), for admission to the United States as lawful permanent residents on a conditional basis. In addition, 8 U.S.C. 1153(b)(5) provides eligibility to aliens who invest in new commercial enterprises which will create jobs and 8 U.S.C. 1186a provides requirements for removal of conditions on permanent resident status, the administration and interpretation of which is left to DHS.

Alternatives:

Anticipated Costs and Benefits:

DHS is currently considering the specific cost and benefit impacts of the proposed provisions.

Risks:

Timetable:

Action	Date	FR Cite
ANPRM	09/00/2019

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Federal, Local, State, Tribal
Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Brian Hunt Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy Department of Homeland Security U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW, Suite 1200, Washington, DC 20529-2200 Phone:202 272-8377 Fax:202 272-1480 Email: brian.j.hunt@uscis.dhs.gov