Notice2022-27973
Agency Information Collection Activities; Revision of a Currently Approved Collection: Immigrant Petition by Standalone Investor; Immigrant Petition by Regional Center Investor
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2022
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The purpose of this notice is to allow an additional 30 days for public comments.
Full Text
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 78990-78992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27973]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[OMB Control Number 1615-0026]
Agency Information Collection Activities; Revision of a Currently
Approved Collection: Immigrant Petition by Standalone Investor;
Immigrant Petition by Regional Center Investor
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
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SUMMARY: The Department of Homeland Security (DHS), U.S. Citizenship
and Immigration Services (USCIS) will be submitting the following
information collection request to the Office of Management and Budget
(OMB) for review and clearance in accordance with the Paperwork
Reduction Act of 1995. The purpose of this notice is to allow an
additional 30 days for public comments.
DATES: Comments are encouraged and will be accepted until January 23,
2023.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice, especially regarding the estimated public
burden and associated response time, must be submitted via the Federal
eRulemaking
[[Page 78991]]
Portal website at <a href="http://www.regulations.gov">http://www.regulations.gov</a> under e-Docket ID number
USCIS-2007-0021. All submissions received must include the OMB Control
Number 1615-0026 in the body of the letter, the agency name and Docket
ID USCIS-2007-0021.
FOR FURTHER INFORMATION CONTACT: USCIS, Office of Policy and Strategy,
Regulatory Coordination Division, Samantha Deshommes, Chief, Telephone
number (240) 721-3000 (This is not a toll-free number; comments are not
accepted via telephone message.). Please note contact information
provided here is solely for questions regarding this notice. It is not
for individual case status inquiries. Applicants seeking information
about the status of their individual cases can check Case Status
Online, available at the USCIS website at <a href="http://www.uscis.gov">http://www.uscis.gov</a>, or call
the USCIS Contact Center at (800) 375-5283; TTY (800) 767-1833.
SUPPLEMENTARY INFORMATION:
Background
On March 15, 2022, President Biden signed the EB-5 Reform and
Integrity Act of 2022, Div. BB of the Consolidated Appropriations Act,
2022 (Pub. L. 117-103) into law, which revised INA 203(b)(5). The law
immediately repealed the former Regional Center (RC) Program statute at
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act 1993, Public Law 102-395, 106 Stat. 1828,
Sec. 610(b).
The law also reauthorized a substantially reformed EB-5 Regional
Center (RC) Program which became effective on May 14, 2022. Though
USCIS will continue to provide similar services for the newly reformed
RC program as it did under the former RC program (such as initial
designations, petition adjudications, etc.), the newly authorized RC
program has a different legal framework and requirements from the
previously authorized program. Consequently, the current form I-526,
Immigrant Petition by Alien Entrepreneur, associated with the EB-5
Program, would not gather sufficient information to adjudicate investor
petitions under the new program.
Accordingly, USCIS split the former Form I-526, Immigrant Petition
by Alien Entrepreneur, into two versions: Form I-526, Immigrant
Petition by Standalone Investor, and Form I-526E, Immigrant Petition by
Regional Center Investor. The revision of Form I-526 resulted in
creating two separate forms to better streamline the adjudication
process for Standalone Investors and Regional Center Investors;
specifically, Form I-526 will be used by a Standalone Investor and Form
I-526E will be used by an investor pooling their investment with one or
more qualified immigrants under the new EB-5 Regional Center Program to
petition for status as an immigrant to the United States under section
203(b)(5) of the Immigration Nationality Act (INA), as amended. USCIS
began accepting the new Form I-526 and Form I-526E starting on July 12,
2022. USCIS will continue to adjudicate all Forms I-526 filed before
March 15, 2022 (the date of the enactment of the EB-5 Reform and
Integrity Act of 2022), according to the applicable eligibility
requirements at the time the petition was filed.
On June 24, 2022, the U.S. District Court for the Northern District
of California preliminarily enjoined USCIS from ``treating as
deauthorized the previously designated regional centers'' including
``processing new I-526 petitions from immigrants investing through
previously authorized regional centers . . . just as the agency would
do for a newly approved regional center.'' Behring v. Mayorkas, Order
Granting Plaintiff's Motion for a Preliminary Injunction, Case No. 22-
cv-02487-VC (N.D. Cal. Jun 24, 2022). On September 1, 2022, the U.S.
District Court in Behring approved a settlement between the parties.
Under the terms of the settlement, previously designated regional
centers did not lose their designation as a result of the EB-5 Reform
and Integrity Act of 2022. As USCIS is working to implement the
settlement, if it determines changes to the Forms I-526 and I-526E are
necessary, it will pursue such changes through either this form
revision process or other appropriate mechanism.
Comments
The information collection notice was previously published in the
Federal Register on August 23, 2022 at 87 FR 51696, allowing for a 60-
day public comment period. USCIS received three comments in connection
with the 60-day notice.
You may access the information collection instrument with
instructions, or additional information by visiting the Federal
eRulemaking Portal site at: <a href="http://www.regulations.gov">http://www.regulations.gov</a> and enter USCIS-
2007-0021 in the search box. The comments submitted to USCIS via this
method are visible to the Office of Management and Budget and comply
with the requirements of 5 CFR 1320.12(c). All submissions will be
posted, without change, to the Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, and will include any personal information you
provide. Therefore, submitting this information makes it public. You
may wish to consider limiting the amount of personal information that
you provide in any voluntary submission you make to DHS. DHS may
withhold information provided in comments from public viewing that it
determines may impact the privacy of an individual or is offensive. For
additional information, please read the Privacy Act notice that is
available via the link in the footer of <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Written comments and suggestions from the public and affected
agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Immigrant Petition by Standalone
Investor; Immigrant Petition by Regional Center Investor.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-526; I-526E; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. The form
I-526 is used by a standalone investor to petition USCIS for status as
an immigrant to the United States under section 203(b)(5) of the
Immigration and Nationality Act (INA), as amended. The form I-526E is
used by an investor pooling their investment with one or more qualified
immigrants participating in the Regional Center Program to petition
USCIS for status as
[[Page 78992]]
an immigrant to the United Stated under section 203(b)(5) of the
Immigration Nationality Act (INA), as amended. A regional center
investor may also use Form I-526E to report any amendments necessary to
establish ongoing eligibility if the regional center, new commercial
enterprise, or job-creating entity in which the investor has invested
is terminated or debarred from participation in the Regional Center
Program.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-526 is 504
and the estimated hour burden per response is 1 hour and 50 minutes;
the estimated total number of respondents for the information
collection I-526E is 3,980 and the estimated hour burden per response
is 1 hour and 50 minutes.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 8,219 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $4,932,400.
Dated: December 19, 2022.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division, Office of Policy and Strategy,
U.S. Citizenship and Immigration Services, Department of Homeland
Security.
[FR Doc. 2022-27973 Filed 12-22-22; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on December 23, 2022.
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