On the 12th, the law firm of prominent U.S. immigration attorney Ronald Klasko published an article titled "ABC Attacks——It Is Time for the EB-5 Industry to Strike Back" in response to recent mainstream media criticism of the EB-5 program. Regarding the recent renewed attacks on the EB-5 industry by mainstream media, the article argues that these so-called "news" reports are once again not news, but rather a reassembly of old stories from years ago designed to disparage the reputation of EB-5.
At the same time, the article suggests that unless the EB-5 industry acts in a coordinated manner, it will be unable to elevate its efforts to ensure the public realizes that EB-5 projects have already contributed hundreds of millions of dollars to the U.S. economy and provided thousands of jobs for the American workforce.
The article points out that, as of now, this is one of the most urgent issues facing the EB-5 industry. It is time for regional centers, project developers, and local officials to organize a major media counteroffensive to tell simple and clear stories about how EB-5 contributes to the economy, job creation, and community development. This may require the guarantee of funding and resources. This is not something that attorneys can do on their own, and the EB-5 industry cannot shoulder the risks to do this alone.
The article notes that the accusations made by Senator Grassley in 2012 and 2013 were fully recreated in the 2015 ABC report, which centered on two issues:
1. The U.S. Citizenship and Immigration Services (USCIS) acted somewhat illegally by agreeing to expedite application approvals;
2. Director Mayorkas pressured USCIS officials to approve applications for EB-5 investors with serious criminal histories or security concerns.
However, in reality, neither of these claims has any basis in fact.
First, there is nothing illegal about expediting application processing or approvals. USCIS has long established standards for expediting all applications, not just those for EB-5. USCIS has frequently approved such expedited requests for various types of visas and permanent residency applications. Expediting means that certain applications receive priority for a decision. It does not mean that the expedited process is more lenient or that it skips essential steps like security background checks.
Secondly, the ABC news story fundamentally misreads the immigration process. The story makes EB-5 appear to be a shortcut for undesirable immigrants to enter the United States. In fact, EB-5 visas involve even more rigorous background checks than other U.S. immigration pathways. For EB-5 immigrants, the security vetting process is more extensive. First, USCIS conducts a thorough review of the investor's source of funds. USCIS also conducts security screening before approving the I-526. Once the I-526 is approved, the U.S. Department of State undergoes extensive criminal and security background checks. Unlike most immigrants, EB-5 immigrants require further security review before they can obtain a green card.
The so-called "expediting" only relates to the I-526 application; once the I-526 is approved, the U.S. Department of State cannot accelerate its criminal and security review process. The article points out that the whistleblower's accusations in the story are completely meaningless. Even if one were to assume that USCIS ignored some issues and approved questionable EB-5 applications, the U.S. Department of State would not knowingly ignore such issues or issue immigrant visas to such individuals.
