For the six (6) months prior to the April 22 EB-5 Stakeholder Engagement, USCIS began to follow a reinterpretation of the regulatory definition of “capital” found at 8 CFR 204.6(e). It is believed this line of thinking stemmed from an erroneous analysis first applied in  Administrative Appeals Office (the “AAO”) decisions from May 2014, …

This article examines how Administrative Appeals Office handles a range of petition denial appeals, from applications to sponsor a foreign fiance to bids to bring over a temporary worker on an H-1B visa. However, according to statistics from U.S. Citizenship and Immigration Services, approval rates at the office are strikingly low, particularly when it comes…