深龙村生态移民户籍情况调查座谈会会议纪要：

会议时间20xx年9月29日下午13：30 会议地点：陈泽林家 出席人员：梁微、赵志勇、令狐鹏、冯余龙（村支书）、潘件平（深龙组组长）、邹林（小垭口组长）、陈先全（原双龙组长）、陈泽林（原深龙村支书）、冯毅（信访群众）、娄必全（党员）

未到：娄必珊（双平组长），韦清平（群众），因到深龙打笋子。 主持人：梁微 记录：令狐鹏

会议内容：

本次会议由梁微委员主持，会上根据生态移民的相关要求，会议前对整体生态移民作了简单的通报

1、对一期生态移民搬迁老百姓产生的一些问题进行说明。

2、提出移民的各种产生的问题的一些方法，本次会议的目的及要求。

3、对移民户籍进行一个认真，客观的一个逐一过滤的核查，要充分做到公平、公正、公开。 4、在经过逐一的过滤和排查，总共排查178户，已签协议且分房的有40户，其中有3户符合条件自愿放弃，大家对其中2户有异议（韦清平、娄必珊）；大家认为应该符合条件的，但没有得到签协议分房的有：8户（邹才良、阮招龙、邹贤贵、李邦忠、康先辉、盘江清、潘江河、潘定安）。其中冯毅，在深龙有房，但在二坪购有房屋，但其在深龙村深龙组人护林员。

5、有异议的具体原因：

韦清平：在“3在”原则中，大家认为人没有在当地长期居住。

娄必珊：在“3在”原则中，大家认为人没有在当地长期居住。

6大家认为应该符合条件的原因是：

小垭口组，邹才良：是在签协议的时候，临时外出到遵义看望孙子，当时粮食还在家中。

邹贤贵：由于地质灾害，当时杨道靖和魏铭通知其搬出来，防止地质滑坡，立即搬出。

李邦忠：有一个小孩在读大学，三个小孩在复兴读书，其长期在外打工供养小孩，但小孩节假日都会返回小垭口家中生活。

深龙组，阮招龙：准备种烤烟为生，当时土已翻犁，但由于供养不起小孩，外出打工。两个小孩在复兴读书，每到节假日都会回老家居住。

康光辉：三个小孩在复兴读书，在签协议前几天出门打工供养小孩。

潘江河，盘江清：20xx年由于房屋受到火灾，外出到浙江打工。但孩子在复兴读书。

潘定安：20xx年由于房屋受到火灾，当时搬到马井村居住。

7、对于有异议的移民和大家认为符合条件且没有签协议分房的情况，进行汇总整理后待定分析。

8、对座谈会进行了总结，大家对座谈会的会议结果无异议，座谈会共进行五个半小时，下午6:35结束。

第二篇：eb5 09年6月17日 移民局会议纪要

U.S. Citizenship and Immigration Services

Office of Domestic Operations

Washington, DC 20529

Memorandum

To:

SERVICE CENTER DIRECTORS REGIONAL DIRECTORS

DISTRICT DIRECTORS

FIELD OFFICE DIRECTORS

NATIONAL BENEFIT CENTER DIRECTOR

Donald Neufeld /S/

Acting Associate Director, Domestic Operations

June 17, 2009 HQDOMO 70/6.1.8 AD09-04 From: Date:

Subject:

1.

This AFM update provides United States Citizenship and Immigration Services (USCIS) personnel with instructions related to the timing of job creation and the meaning of “full-time” positions in the EB-5 program.

The AFM update clarifies that each petitioner must submit a business plan, along with their Form I-526, Immigrant Petition by Alien Entrepreneur, which provides an accounting of the required number of qualifying jobs that will be created within the two-year period of

conditional residency. This AFM update also clarifies that there may be some flexibility with respect to the timing of job creation at the Form I-829, Petition by Entrepreneur to Remove Conditions, stage. Finally, this AFM update clarifies the meaning of full-time position as it relates to job creation.

The AFM update conforms the filing locations with the Federal Register Notice dated January 9, 2009, 74 Fed. Reg. 912-913.

2.

INA § 203(b)(5) creates a class of immigrant visas (EB-5) for individuals who invest a

specified amount of capital in the United States and who will “create full-time employment

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for not fewer than 10” qualified employees. INA § 216A places conditions upon the

permanent resident status of aliens admitted in the EB-5 classification that must be removed at the end of a two-year period of conditional residency. In order to have the conditions removed, EB-5 visa holders must file a Form I-829 that demonstrates that the petitioner is, among other requirements, “conforming to the requirements of INA § 203(b)(5).” INA § 216A(d)(1)(B).

Consistent with the two-year period of conditional residency, USCIS regulations generally require evidence to obtain approval of a Form I-526, including a business plan that

demonstrates that jobs will be created within the two-year period of conditional residence. 8

C.F.R. § 204.6(j)(4)(i)(B).

USCIS regulations relating to the removal conditions from the lawful permanent resident status of alien entrepreneurs status provide that a petitioner must demonstrate that “the alien has created or can be expected to create within a reasonable period of time” the required jobs. 8 C.F.R. § 216.6(c)(1)(iv).

3.

Effective immediately, USCIS personnel are directed to comply with the following

instructions, as set forth in revisions to the Adjudicator’s Field Manual (AFM) noted in section 5, as summarized below.

For purposes of the Form I-526 adjudication and the job creation requirements, USCIS will deem the two-year period described in 8 C.F.R. § 204.6(j)(4)(i)(B) to commence six months after the adjudication of the Form I-526. USCIS officers should ensure that the business plan filed with the Form I-526 reasonably demonstrates that the requisite number of jobs will be created by the end of this two-year period.

For Regional Center petitions and for purposes of indirect job creation, USCIS officers may consider economic models that rely on certain variables to show job creation and the amount of investment to determine whether the required infusion of capital or creation of direct jobs will result in a certain number of indirect jobs.

USCIS also has concluded that direct and indirect construction jobs that are created by the petitioner’s investment and that are expected to last at least 2 years may now count as permanent jobs for Form I-526 and I-829 purposes.

4.

This AFM update is intended solely for the guidance of USCIS personnel in performing their duties relative to adjudications. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in removal proceedings, in litigation with the United States, or in any other

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form or manner. In addition, the instruction and guidance in this AFM update is in no way intended to and does not prohibit enforcement of the immigration laws of the United States.

5.

Questions related to this memorandum should be directed to Joseph P. Whalen, USCIS

Headquarters Office of Service Center Operations, through appropriate supervisory channels.

6.

Chapter 22.4(c)(4)(D) of the AFM is amended to number it as three subsections and include the new subsections (ii) and (iii) at the end of Paragraph (D) and prior to the Note.

(D)

(i) The petition must be supported with evidence the new commercial enterprise will create no fewer than 10 full-time positions (or the equivalent). ….

***********

(a) Petitioners who are filing a Form I-526 must submit “a comprehensive

business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than ten (10) qualifying and when each employee will be hired.” 8 C.F.R. § 204.6(j)(4)(i)(B)

(emphasis added). The requirement for a business plan that shows jobs will be created in two years applies to all Form I-526 petitions, including those

filed under the Regional Center Program, that will rely on indirect job creation to satisfy the statutory employment creation requirement.

The regulations, however, do not clearly state when the two-year period

commences for purposes of adjudicating the Form I-526. The reference to a two-year period relates to the two-year period of conditional residence, and

the time requirement of 8 C.F.R. § 204.6(j)(4)(i)(B) is intended to ensure that aliens seeking to enter the United States on EB-5 visas have a legitimate and feasible plan to create jobs as required by the statute within that period of

conditional residence. Nevertheless, at the time of adjudication of Form I-

526, the alien entrepreneur will not have attained conditional permanent

residence, and the officer adjudicating Form I-526 cannot be certain when the period of conditional residence will in fact commence.

USCIS has determined that the average processing times for EB-5 petitioners filing for immigrant visas via consular processing and EB-5 petitioners filing

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for adjustment of status is approximately six months. Accordingly, in order to best approximate the two-year period of conditional residence, the two-year period described in 8 C.F.R. § 204.6(j)(4)(i)(B) will be deemed to commence six months after the adjudication of Form I-526. USCIS officers should

ensure that the business plan filed along with Form I-526 reasonably

demonstrates that the requisite number of jobs will be created by the alien’s investment by the end of the two-year period that commences six months

after the adjudication of the petition. If, in the future, processing times

significantly change, this paragraph may be amended.

(b) Special considerations for Regional Center based I-526 petitions:

(i) Aliens filing I-526 petitions for investments to be made through a

regional center may use reasonable methodologies to establish the

number of jobs created. 8 C.F.R. § 204.6(j)(4)(iii). However, some of the

economic models may not expressly consider temporal aspects of job

creation, and will not be able to conclusively state that indirect jobs will be

created within two years. In such circumstances, officers should first

explore whether there are reasonable and/or accepted temporal

assumptions that can be attributed to the particular economic model and

consider such assumptions in determining compliance with the two-year

requirement.

For example, the RIMSII handbook states the following about the RIMSII

economic model, which is often used to demonstrate indirect job creation:

RIMS II, like all I-O models, is a “static equilibrium” model, so

impacts calculated with RIMS II have no specific time dimension.

However, because the model is based on annual data, it is customary to

assume that the impacts occur in 1 year. For many situations, this

assumption is reasonable.

This assumption supports the conclusion that the indirect jobs will be

created within the requisite two-year period.

If, however, there are no reasonable and/or accepted temporal

assumptions that can be made with respect to a particular economic

model, USCIS may presume that the jobs will be created within the

required period of time provided that the alien can demonstrate

compliance with paragraph (ii) below.

(ii) Many economic models used to demonstrate indirect job creation rely

on certain assumptions or variables to show the requisite job creation. For

example, a model might demonstrate that the requisite jobs will be created

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if a Regional Center infuses $10 million into a particular industry.

Similarly, a model might demonstrate that, using accepted multipliers, the

creation of 100 direct jobs will result in a certain number of indirect jobs.

Under such circumstances, the I-526 petition should demonstrate that the

required infusion of capital or the creation of the direct jobs will occur

within two years.

Nothing in this paragraph should be construed to alter in any way the current adjudication procedures. Officers may review the evidence required by the

petitioner to demonstrate the number of jobs that will be created by the

investment. For example, Form I-526s filed under the Regional Center Program which rely on indirect job creation must also comply with the evidentiary

requirements of 8 C.F.R. § 204.6(j)(4)(iii) to demonstrate the number of jobs created. Officers may also continue to determine the reasonableness of a

business plan to ensure that the jobs are likely to be created.

(iii)

Section 203(b)(5) of the INA requires that the investment in a new commercial enterprise will create full-time employment for not fewer than 10 qualified

employees. The INA further defines full-time employment as “employment in a position that requires at least 35 hours or service per week at any time,

regardless of who fills the position.” USCIS has interpreted the full-time

employment requirement to exclude jobs that are intermittent, temporary, F.Supp.2d 1025 (E.D.Cal. 2001). For example, historically, construction jobs have not been counted toward job creation because they are seen as

intermittent, temporary, seasonal and transient rather than permanent.

USCIS, however, now interprets that direct and indirect construction jobs that are created by the petitioner’s investment and that are expected to last at least 2 years, inclusive of when the petitioner’s I-829 is filed, may now count as

permanent jobs. Although employment in some industries such as construction or tourism can be intermittent, temporary, seasonal or transient, officers should not exclude jobs simply because they fall into such industries. Rather, the focus of the adjudication should be on whether the position, as described in the

petition, is continuous full-time employment rather than intermittent, temporary, seasonal or transient. For example, if a petition reasonably describes the need for general laborers in a construction project that is expected to last several years and would require a minimum of 35 hours per week over the course of that

project, the positions would meet the full-time employment requirement.

However, if, for example, the same project called for electrical workers to provide services during three to four five week periods over the course of the project,

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such positions would be properly deemed to be intermittent and not meet the definition of full-time employment.

Generally, it is the position that is critical to the full-time employment criterion, not the employee. Accordingly, the fact that the position may be filled by more than one employee does not exclude a position from consideration as full-time

employment. For example, the positions described above would not be excluded from being considered full-time employment if the general laborers needed to fill the positions varied from day to day or week to week as long as the need for the position remains constant. This interpretation is consistent with 8 C.F.R. §

204.6(e), which, as part of the regulatory definition of full-time employment

includes job sharing arrangements.

It is important to note, however, that this new interpretation does not override the regulatory definitions of employee and full time employment at 8 C.F.R. §

204.6(e). Thus, the positions must still be filled by qualifying employees, and such positions may not be filled by independent contractors. In addition, multiple part time positions may not be combined to create one full time position.

2. Chapter 25.2(e)(1) of the AFM is amended to include the following new paragraph at the beginning of Paragraph (1). The existing Paragraph (1) will now become Paragraph (2) and so on.

(1)entrepreneur has satisfied the conditions of his admission to the United States. Primarily, USCIS is determining whether the alien has invested the requisite capital and created the requisite jobs through that investment. Form I-829 petition is to be filed within 90 days prior to the second anniversary of the alien’s admission to the United States in conditional resident status.

3. Chapter 25.2(e)(4)(D) of the AFM is amended to include the following new paragraphs at the end of Paragraph (D).

Recognizing that circumstances may change after an alien secures admission to the United States, USCIS chose to implement INA § 216A with some “flexibility.” See, 59 FR 1317-01, 1317-18 (Jan. 10, 1994) (proposed rule). Consistent with this

flexibility, USCIS provides that Form I-829 must contain evidence that the petitioning alien “has created or can be expected to create within a reasonable time ten full-time jobs for qualifying employees.” 8 C.F.R. § 216.6(a)(4)(iv).

In making the “reasonable time” determination, officers should consider the evidence submitted along with the petition that demonstrates when the jobs are expected to be created, the reasons that the jobs were not created as predicted in Form I-526,

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the nature of the industry or industries in which the jobs are to be created, and any other evidence submitted by the petitioner.

If after considering the evidence, the officer determines that the jobs are more likely than not going to be created within a reasonable time, Form I-829 should be

approved consistent with 8 C.F.R. § 216.6(d)(1) if the petitioner is otherwise eligible to have his or her conditions removed. If, however, the officer determines that the jobs will not be created within a reasonable period of time, Form I-829 should be denied consistent with 8 C.F.R. § 216.6(d)(2).

4. Chapters 22.4(b), 25.2(a), 25.2(b), 25.2(g)(1), and 25.2(i)(2)(C) of the AFM are revised to reference that all petitions and applications related EB-5 immigrant classifications and Regional Center proposals must be filed at the California Service Center (CSC).

Chapter 22.4(b) [fourth bullet]

? The petition must be filed with the California Service Center.

Chapter 25.2(a)

California Service Center director, regional directors and field office directors in offices with a high volume of Form I-829s shall designate an EB-5 trained and certified officer as an EB-5 point of contact (POC) to facilitate the review and

management of Form I-829. For purposes of clarity in these instructions, references to service center management and field office management includes the appropriate EB-5 POC.

Chapter 25.2(b)

Officers are reminded that, in accordance with the Notice in the Federal Register at 74 Fed. Reg. 912-913, published on, and in effect since, January 9, 2009, Form I-829 petitions are to be filed with the California Service Center.

Chapter 25.2(g)(1)

All such Form I-829s shall be returned to the California Service Center.

Chapter 25.2(i)(2)(C)

The California Service Center shall generate weekly a printout from the MFAS to determine those conditional residents within its jurisdiction who have failed to file a timely Form I-829 to have the conditions on their status removed in accordance with section 216A(c) of the Act and will take the actions described above in this section to terminate the status of such conditional residents and their dependents.

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5. The AFM Transmittal Memoranda button is revised by adding a new entry, in numerical order, to read:

This memorandum adds five AD 09 -04 Chapter 22.4(c)(4)(D)

paragraphs at the end of Chapter (02-xx-2009) Chapter 22.4(b)

22.4(c)(4)(D); adds a new first Chapter 25.2(a)

paragraph to Chapter 25.2(e)(1); Chapter 25.2(b)

adds three new paragraphs at the Chapter 25.2(e)(1)

end of Chapter 25.2(e)(1); and Chapter 25.2(g)(1)

makes changes to both Chapter Chapter 25.2(i)(2)(C)

22.4 and 25.2 to reference that all

EB-5 petitions and applications

are now filed with the California

Service Center all in the AFM.