Further discussion of regional center designation as licensure


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Further discussion of regional center designation as licensure

  1. 1. Further Discussion of Regional Center Designation as Licensure By Joseph P. Whalen (August 18, 2012)I have previously offered up the following excerpt from an AAO non-precedentinvolving an I-905, Application for Authorization to Issue Certification for HealthCare Workers for comparative purposes to EB-5. I understand that some folks stillhave questions. For those who are still having difficulty grasping the meaning andapplicability of the underlying reasoning and comparison to the I-924, Applicationfor Regional Center under the Immigrant Investor Pilot Program, I will delve alittle deeper. “In the space on the Form I-905 application labeled "Occupations for which you are seeking authorization"Liken the Health Care Worker “occupations” in the I-905 to the NAICS codes, whichrepresent the “kinds of commercial enterprises that will receive capital from aliens” asdemanded by the law [§610(a)] and therefore included in the I-924. the applicant entered, “[REDACTED] is one of the partner and member [sic] of evaluation team. We need approval of all medical profession." The applicant did not otherwise state the medical positions it is seeking licensure to certifyThe above I-905 applicant did not answer the direct question asked. In the I-924, you need tostate the industries that the Regional Center will concentrate efforts upon in the long-term.These industries are represented by NAICS codes. There is some leeway in selecting NAICScodes. The shorter the code is at this stage means the greater the flexibility in the basic overallRegional Center scope or operational parameters. Flexibility at this stage will usuallynecessitate the need to create “Project-Specific” I-526 Exemplar Prima Facie EvidencePackets as I-924 Amendments later in the process. That is OK because fine-tuning evidence isbest done as late as possible so that it will not “go stale” to the detriment to the individual EB-5 investors. The above I-905 applicant was too vague in their request for “licensure”. and did not demonstrate that its evaluators are competent to certify the educational credentials of those medical professionals seeking such certifications.The applicant did not prove or substantiate its ability to do what it was asking permission todo. The “entity” that applies for Regional Center Designation must have the knowledge, skills,and abilities (KSAs) needed to follow through on these various business ventures, as well asdemonstrating competence in legal compliance, recordkeeping, data gathering and evidencetracking, etc... As to the process pursuant to which it would issue certificates 1 the applicant stated on the application that it would check documents presented for authenticity and interview the person seeking certification. In an addendum the applicant stated that foreign documents are critically examined to determine the number of years of study, the content of the1 I equate this with the EVIDENCE to be handed to the EB-5 Investors in support of their forms I-526 and the laterI-829. Page 1 of 2
  2. 2. courses and institutions, the "medium of study," and the educations and degrees of the faculty at which degrees were earned.The process to be utilized by the I-905 applicant can be compared to the Regional Center’s“reasonable methodologies” as per statute [§610(c)]! The Regional Center applicant/sponsoralso has to present its approach to compliance with the hyper-technical requirements of the“Pilot Immigration Program”. Another section of the Form 1-905 requests that the applicant "Explain [its] expertise, knowledge, and experience in the health care occupations for which [it seeks] authorization."Again, USCIS is looking at specific qualifications as evident not only in the specific evidenceoffered for that purpose but also as demonstrated in the construction of the applicationpackage itself. The applicant’s necessary KSAs, or lack thereof, will be evident in subtlenuances contained in the I-924 and accompanying proposal as well as by the direct and boldstatements made therein. In answer to that question the applicant stated that it does "all kinds of credential evaluation including medical profession," [sic] and that "The expert opinion of [REDACTED] is always taken if there is any need, any other expert opinion in the similar field is obtained before a final issuance of the certification and its proper records are maintained." The applicant did not otherwise explain its expertise, knowledge, and experience pertinent to health care occupations.How many times and ways must it be said that there have to be demonstrated accomplishmentsin the matter(s), i.e. NAICS industries, investment/financing structures, business planning,and economic analysis, one seeks licensure to sell to prospective EB-5 alien investors? In answer to the request that it explain how it meets the standards described in the instructions sheet FN2 the applicant referred to an addendum. In the addendum the applicant asserted that it is a legal incorporated entity, that it is independent of hospitals and other health care providers, that it is impartial, that its fees are not contingent, and that the applicant is able to obtain outside expert advice. The applicant did not provide evidence in support of any of those assertions.” At p. 7 ____________ FN2 The standards described in the instructions sheet include all of the standards listed in at 8 C.F.R. § 212.15(k)(l) - (8), set out above.Of course, the Regional Center Application is governed primarily by 8 CFR § 204.6(m)(3) and8 USC §1153 Note [§610(a)&(c)]. The “addendum” spoken of above can be compared to theProposal containing the Business Plans and Economic Analyses in support of the I-924.Lastly, the initial I-924 should be viewed, at least in part, as an audition. Save the Project-Specifics until you work out the bugs and kinks and simply concentrate on satisfyingUSCISthat you have what it takes and posses the required KSAs. Get more detailed and specific later.If you invest too much effort under a poor methodology and approach up-front, it is a waste!That’s my two-cent, for now. Page 2 of 2