INS Instructions for Filing of E Visa and EB-5 Petitions
[Notices]
[Page 67135-67136]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de98-101]
---------------------------------------
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS 1938-98]
Filing of Applications and Petitions for Treaty Trader and Treaty Investor (E) and Alien Entrepreneur (EB-5) Classification
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice of location of filing petitions and applications.
---------------------------------------
SUMMARY: This notice announces that the Immigration and Naturalization Service (Service) is directing all petitions and applications related to classification as a treaty trader (E-1), treaty investor (E-2), or alien entrepreneur (EB-5) to be filed at the newly defined jurisdictional areas of either the Texas Service Center or the California Service Center. This action is necessary to provide more effective monitoring and control of these often complex, time-consuming adjudications.
DATES: This notice is effective December 4, 1998.
FOR FURTHER INFORMATION CONTACT: Katharine Auchincloss-Lorr, Adjudications Officer, Immigration and Naturalization Service, 425 I Street, NW, Room 3214, Washington, DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION:
What Change is the Service Announcing Through the Publication of This Document?
Until this time, treaty trader and treaty investment applications and alien entrepreneur petitions have been processed at the four Service Centers located in California, Vermont, Texas, and Nebraska. With the publication of this notice, pursuant to 8 CFR 103.1 and 103.2, the Service is consolidating all petitions and applications relating to classification as a treaty trader (E-1), treaty investor (E-2), and alien entrepreneur (EB-5) at two Service Centers, namely those in Texas and California.
Why is the Service Changing the Location for Processing E-1 and E-2 Applications and EB-5 Petitions?
By consolidating these applications and petitions at the Texas and California Service Centers, the Service will ensure that the procedures related to the adjudication of these highly technical requests for immigration benefits are more uniform, consistent, and streamlined. Quality control and other necessary program oversight functions may be more readily undertaken as necessary. The Service can more easily ensure that the officers adjudicating these cases are appropriately trained and experienced in the relevant areas of regulatory trade, investment, financial, and economic policy and analysis, and that they have access to the additional expertise necessary in particularly complex matters.
How Will the Public Benefit From These Changes?
These petitioners and applicants will receive more comprehensive and effective adjudication of their requests for benefits. These adjudications will be performed only by trained and skilled adjudicators, familiar with these complex financial and economic requirements and the issues involved. Consolidation will enable the Service to respond more effectively to any procedural concerns and to provide prompt adjudication.
What Petitions and Forms are Involved?
The petitions and applications involved in this change of filing location include applications for extension or change of status of nonimmigrant classification to treaty trader (E-1) and treaty investor (E-2) status which are processed on Form I-129; petitions for alien entrepreneur classification, which are filed on Form I-526, and; petitions to remove conditions at the end of the 2 year period of conditional residence, which are filed on Form I-829.
What are the Mailing Addresses for These New Filing Locations?
The current mailing addresses for these petitions and applications are as follows: for the California Service Center, 24000 Avila Road, 2nd floor (P.O. Box 10526), Laguna Niguel, California 92607-0526; for the Texas Service Center, P.O. Box 852135, Mesquite TX 75185-2135.
Is This Change in Location a Change in Service Center Jurisdiction?
The Nebraska and Vermont Service Centers will no longer have jurisdiction over E-1, E-2, and EB-5 matters. The Texas and California Service Centers will have jurisdiction over these matters.
Effective [Insert date of publication in the Federal Register], petitions for immigrant investor classification which have been filed pursuant to Sec. 204.6(b) with the Service Center having jurisdiction over the area in which the new commercial enterprise is or will be principally doing business, will be filed with: (1) The Texas Service Center if the new commercial enterprise is located, or will principally be doing business, in the areas previously covered by the Vermont and Texas Service Centers; (2) the California Service Center if the new commercial enterprise is located, or will principally be doing business, in the areas previously covered by the California and Nebraska Service Centers.
The same change will occur with regard to applications for extension of stay or change of status into E-1 or E-2 classification which are filed pursuant to the instructions on Form I-129 with the Service Center with jurisdiction over the location of employment.
What Will Happen to My Application or Petition if I Already Filed It at Another Service Center?
During the first 60 days following the effective date of this Notice, the Service Centers in Vermont and Nebraska will forward in a timely fashion to the Service Centers in Texas and California, as appropriate, any of these applications and petitions which have been inadvertently filed with the Service Centers in Vermont or Nebraska. In order to facilitate this transition, applicants and petitioners will be provided a notice at the time of filing at Vermont or Nebraska advising them that their application or petition is being forwarded to the correct service center, either Texas of California, for initial processing. When applications or petitions are forwarded from the Vermont or Nebraska Service Centers, they will be receipted and filed when they arrive at the Texas or California Service Centers, After the 60-day transition period, applications and petitions related to classification as treaty trader (E-1), treaty investor (E-2),
[[Page 67136]]
or alien entrepreneur (EB-5) filed inadvertently at the Vermont or Nebraska Service Centers will be returned with a notice that directs the petitioner or applicant to mail the petition or application directly to the Texas or California Service Center, as appropriate, for processing.
Dated: November 13, 1998.Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-32237 Filed 12-3-98; 8:45 am]
BILLING CODE 4410-10-M