New EB-5 AA Decisions posted April 6, 2016 - Regional Center Program

April 08, 2016

Download: MAR252016_02B7203.pdf

The Petitioner, an individual, seeks classification as an immigrant investor. See Immigration and Nationality Act (the Act) § 203(b)(5), 8 U.S.C. § ·1153(b)(5). This fifth preference classification makes immigrant visas available to foreign nationals who invest the requisite amount of qualifying capital in a new commercial enterprise that will benefit the United States economy and create at least 10 full-time positions for qualifying employees. Foreign nationals may invest in a project associated with a United States Citizenship and Immigration Services (USCIS) designated regional center.

See Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Appropriations Act)§ 610, as amended.

The Chief, Immigrant Investor Program Office, denied the petition. Specifically, the Chief found that the Petitioner had not: (1) shown the employment creating entity met the job creation requirements under 8 C.P.R. § 204.6(j); (2) established that the job creating entity qualified as a troubled business

under 8 C.P.R. § 204.6(e); and (3) documented that job creation was determined by an acceptable methodology. The Chief subsequently denied the

Petitioner's motion to reopen, finding that her investment in a limited partnership associated with the 1 did not constitute an investment in a new commercial enterprise, as defined under 8 C.P.R. § 204.6(e). The Chief also concluded that the Petitioner did not demonstrate that her funds were placed at risk for the purpose of generating a return. See 8 C.P.R. § 204.6(j)(2).

The matter is now before us on appeal. In her appeal, the Petitioner submits two briefs, statingthat the Chief erred in denying her petition and motion to reopen. Specifically, she indicates that (1) constitutes a new commercial enterprise; (2) she has placed at least $500,000 at risk for the purpose of

generating a return; and (3) she meets the employment creation requirements because the job creating entity, where her funds will be

deployed, is a troubled business.

Upon de novo review, we will dismiss the appeal.

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