American Life Sues USCIS Over Alleged EB-5 Adjudication Changes

Prominent EB-5 Regional Center, American Life, sues USCIS, as reported by EB5Investors.com

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EB5Investors.com

Los Angeles, California (PRWEB) October 09, 2012

A lawsuit filed in September against the United States Citizenship and Immigration Services (USCIS) alleges that the federal immigration agency is missing the opportunity to create tens of thousands of American jobs and infuse hundreds of millions of investment dollars into the struggling U.S. economy by critically mismanaging the EB-5 Immigrant Investor Visa Program.

The EB-5 Visa Program affords foreign citizens the opportunity to earn green cards if they invest $500,000 or $1 million in a U.S. business project that leads to the creation of 10 fulltime jobs for American workers.

The program has experienced a recent increase in popularity with both American businesses in need of financing and with foreign investors. For the 2012 fiscal year, the program had been on pace to create over 42,000 U.S. jobs and spur over $2.1 billion in U.S. investment, all at no cost whatsoever to taxpayers.

But now American Life, Inc.—one of the oldest and most successful participants in the EB-5 program— alleges in a recent lawsuit that the program’s huge job creating potential is in jeopardy because the USCIS is now contradicting its previous approvals, is ignoring applicable regulations, and is dragging its feet in the regulatory process.

According to court documentation, the lawsuit, case number CV12-7893, filed in the U.S. District Court for the Central District of California on September 13th, alleges that the USCIS inconsistently denied EB-5 visas to investors in a Riverside, CA renovation project because it invalidated the methodologies used to demonstrate that the project met job creation requirements.

These applications were denied, alleges the lawsuit, even though American Life had successfully completed the same types of EB-5 projects that relied on similar job creation methodologies for over 15 years.

“The decisions by USCIS run counter to normal business practices, are irrational, arbitrary and capricious, would prevent businesses from operating in a rational manner to protect their financial interests, deprive plaintiffs of due process, and would subvert […] foreign investors to place their funds in the United States to create jobs for qualifying American workers,” states the complaint.

These changes in USCIS adjudication have now put a halt on other major EB-5 projects across the nation, such as the case with a Marriot Hotel project in Los Angeles that is already in construction phase and which could create nearly 3,400 American jobs and infuse $172 million into a suffering economy, according to the complaint.

Los Angeles Mayor Antonio Villarigosa stressed the importance that this development project has for Los Angeles, which currently suffers from a hotel room shortage, as he voiced concern over the nearly year-long hold up that has resulted from the USCIS.

“This is an important employment generating project for the City of Los Angeles. We urge you to approve the visa petitions promptly,” said Mayor Villarigosa in a draft letter in support of the project.

In an age when fierce partisan debate over the economy seems to be the norm, the EB-5 Program has received overwhelming praise from U.S. lawmakers on both sides of the aisle. The House of Representatives passed an extension of a key aspect of the program in a 412-3 vote on September 13, which is expected to be ratified by President Obama.


Contact

  • Ryan Heavican
    EB5Investors.com
    (949) 271-9031
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