EB5 Investors Magazine | Page 60

A N A L Y Z I N G B I L L S . 1 5 0 1 Changes for Source and Path of Funds Adjudications - Again! by Anusree Nair Over the past few years, USCIS’s EB-5 stakeholder meetings have been dedicated to project issues, with few dealing with investor issues. However, over the past year we have seen greater scrutiny of investors: both through a seeming change in policy regarding source-of-funds adjudication, as well as in broader investigation of investors, which have both resulted in a greater number of Requests for Evidence (RFE) focusing on investor source and path of funds. This increased scrutiny of investors coincides with two changes at the IPO: (i) Nicholas Colucci being named director of the EB-5 program; and (ii) the transfer of EB-5 adjudications from the California Service Center to Washington, D.C. As the former deputy director of the Financial Crimes Enforcement Network (FinCEN), Mr. Colucci has focused the IPO’s attention on source-of-funds issues through expanded investigations into the investor’s source of funds and previous immigration history. 58 Both the director and the IPO hold that the new policies and procedures aim to prevent fraud and improve the integrity of the program. While that may be the case, the implementation of some of these changes without notice and without engaging the stakeholders is frustrating EB-5 investors, attorneys, and regional centers. Additionally, given the recent cut-off date in the EB-5 category for mainland China, consistency in the adjudication of I-526 petitions is vital. Independent Investigation of Source of Funds According to Mr. Colucci’s opening statement at the December 2014 stakeholder meeting, USCIS intends to strengthen the integrity of the EB-5 program by : (i) expanding the Fraud Detection and National Security (FDNS) team and conducting site visits both domestically and abroad to validate supporting documentation; (ii) utilizing government databases; and (iii) improving inter-agency communication. EB5 INVESTORS MAGAZINE