• Fraud Prevention: In describing each EB-5 requirement, the 2014 training materials take care to give examples of red flags and to instruct trainees on proper procedures for dealing with deficiencies, derogatory evidence, and signs of fraud. • Restraint: While encouraging vigilance, the 2014 training materials also emphasize that USCIS evaluation must be restrained by procedures and guidelines. The presentation on burden and standard of proof is placed early in the training program and significantly expanded from previous years. In subsequent presentations, descriptions of regulatory requirements and appropriate types of evidence are often followed by
a reminder to trainees not to impose additional requirements (e.g. for source of funds) or demand unreasonable evidence (e.g. for legal employment) or exceed their mandate (e.g. assessing investment suitability). Trainees are instructed to adhere to the preponderance of the evidence standard and to follow defined procedures in the event that they identify a problem. • Practical Guidance and Guided Practice: The 2014 program includes more practical tips and practice sessions than evident in the training materials from previous years. The new materials contain less theoretical background than before (for example no in-depth presentations on the AAO precedent decisions or federal EB-5 cases) and more slides devoted to interpretation and practical application of regulatory requirements. The first two weeks focus on imparting information and teaching trainees what to do with that information, while the third and fourth weeks involve guided practice. The 2014 training program culminates in a
case certification with a practical goal: “to have the AO trainee demonstrate a clear understanding of the underlying case eligibility issues and to render the appropriate decision/action.” The April 2014 training materials obtained by IIUSA through the FOIA process represent only a subset of the on-going training activities at USCIS. In his May 2014 address at the IIUSA Advocacy Conference, IPO Chief Nicholas Colucci mentioned additional professional development activities and special courses on topics such as business organizations and documents, international banking and money laundering, and drafting clear and concise requests for evidence and decision letters. This training reflects Mr. Colucci’s commitment to build a foundation of knowledgeable staff and to strengthen the EB-5 program through improved performance and predictability. The training materials are available in-full by accessing the USCIS resources folder in the IIUSA member portal on Basecamp. ■
IPO ORGANIZATIONAL CHART AS OF OCTOBER 2014
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Education/research
my petition?” (Exemplar Organizational Documents section), and “Where can I find the documents and decision and adjudicator associated with a given case number?” (Case Adjudication Section). This intranet apparently makes case information readily available to all staff and facilitates knowledge-sharing among employees.