On April 27th, USCIS Director Alejandro Mayorkas participated in an EB-5 stakeholder teleconference to address an emerging issue in EB-5 adjudications, use of the "tenant occupancy" economic job creation methodology. This issue became a hot topic in February as USCIS began to question use of this methodology. Director Mayorkas stated the following:
As we mentioned in a post in October, USCIS has created the Entrepreneurs in Residence (EIR) initiative to partner with leading American business experts to improve approaches to employment-based and high-skilled visa categories used by immigrant entrepreneurs. While we have been cautiously optimistic the program will yield positive results, USCIS has continued to push EIR forward by announcing the formation of the Entrepreneurs in Residence (EIR) Tactical Team.
As predicted, the May 2012 Department of State Visa Bulletin shows retrogression for India and China-mainland Employment-Based Second Preference (EB-2). While the April 2012 visa bulletin listed visa availability with a priority date on or before May 1, 2010, the May 2012 bulletin lists the new date as August 15, 2007. In the world of immigration, retrogression is nothing new.