INS Extends Time for EB-5 Withdrawals, New Filings
District Directors (Including Foreign)
Regional Counsels
Officers-In-Charge (Including Foreign)
Port Directors
Service Center Directors
Directors, ODTF-Glynco, GA and Artesia, NM
FROM: Michael D. Cronin
Acting Associate Commissioner for Programs
SUBJECT: Immigrant Investor Petitions - Extension of Time to Withdraw A Held Petition and File a New Petition in its Place GENERAL INFORMATION
This memorandum supplements the Revised Field Instructions issued on June 26, 1998, which provided Service Centers with information regarding recent actions and procedures for eliminating the hold on certain immigrant investor petitions.
In that field memorandum, petitioners, were advised that if they seek to withdraw a clearly identified petition from the "hold" and file a new petition in its place with the "tiger team" assembled at the California Service Center, they must forward the new petition and the request for withdrawal, clearly marked in red marker "HOLD WITHDRAWAL" to the California Service Center by July 30th.
EXTENSION OF TIME TO WITHDRAW AND FILE A NEW PETITION
The Service has been advised that its customers need additional time to consider the guidance provided in recent precedent decisions of the Administrative Appeals Office (AAO) in determining whether to take advantage of the opportunity for "tiger team" adjudication of a new petition. For this reason, the Service has determined to extend to August 31 the time for withdrawing such a petition and filing a new petition. Again, the new petition and request to withdraw must be clearly marked as indicated above and forwarded to the California Service Center, 24000 Avila Road, 2nd floor (P.O. Box 10526), Laguna Niguel, California 92607-10526
Service Centers are instructed that this group of petitions will be processed in chronological order by date of receipt (or date of fee acceptance) in accordance with O.I. 103.2(q) and in a separate queue from petitions for which there is no withdrawal. As stated in the July 26 field memorandum, the "tiger team" may approve or deny petitions unless they require additional evidence. Where additional evidence is needed in order to complete the adjudication, the "tiger team" shall issue a Request for Evidence, directing the alien to submit the evidence to the Service Center having jurisdiction over the new commercial enterprise, and return the file to that Service Center.
PROCESSING OF PETITIONS
After August 31, the procedure for withdrawing cases from the hold and filing a new petition with the "tiger team" in its place will not be available. Petitioners may, of course, withdraw and refile a petition at any time under standard procedures. If a hold case is not withdrawn and the petitioner files a second petition, that second petition should be filed with the Service Center having jurisdiction under normal procedures. New petitions unrelated to a hold case that has been withdrawn may be filed at this time with the Service Center with jurisdiction over the new commercial enterprise for adjudication under normal procedures.
All petitions filed after August 31 should be filed with the Service Center with jurisdiction over the new commercial enterprise for adjudication under normal procedures.
Based on the best information available at this time, the Service estimates that it will take the "tiger team" 30 days to adjudicate all the cases currently in the hold. For this reason, the "tiger team" will convene at the California Service Center on September 8 and terminate its adjudications on October 8, 1998. Cases that are not adjudicated by the "tiger team" by October 8 will be returned to the Service Center with jurisdiction for adjudication under normal procedures, respecting the filing order established by the "tiger team."
Questions regarding these field instructions, may be directed to Katherine A. Lorr at HQADN, 202/514-5014. The Offices of Naturalization Operations and Field Operations have concurred with this memorandum.