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912 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices
The following laboratory will be applications related to the Alien See Departments of Commerce, Justice,
voluntarily withdrawing from the NLCP Entrepreneur (EB–5) immigrant and State, the Judiciary, and Related
on January 9, 2009: classification, and Regional Center Agencies Appropriations Act, 1993, sec.
Oregon Medical Laboratories, 123 Proposals under the EB–5 Immigrant 610(c), Public Law 102–395, 106 Stat.
International Way, Springfield, OR Investor Pilot Program, must be filed at 1874 (1992), 8 U.S.C. 1153 note. To
97477, 541–341–8092. the California Service Center (CSC). qualify for the relaxed job creation
*The Standards Council of Canada Currently, EB–5-related petitions and requirement, an alien must invest in a
(SCC) voted to end its Laboratory applications are filed at either the Texas new commercial enterprise that is
Accreditation Program for Substance Service Center (TSC) or the CSC, located in a geographical region of the
Abuse (LAPSA) effective May 12, 1998. depending on where the alien’s United States covered by a ‘‘regional
Laboratories certified through that commercial enterprise is located. center’’ (defined in 8 CFR 204.6(e))
program were accredited to conduct Regional center proposals are being approved by USCIS for participation in
forensic urine drug testing as required submitted to the Chief of USCIS Service the pilot program. This pilot program is
by U.S. Department of Transportation Centers at USCIS Headquarters. The set to expire on March 6, 2009. See
(DOT) regulations. As of that date, the change to one filing location for EB–5- Consolidated Security, Disaster
certification of those accredited related petitions, applications, and Assistance, and Continuing
Canadian laboratories will continue regional center proposals announced by Appropriations Act, 2009, Div. A, sec.
under DOT authority. The responsibility this Notice is necessary to improve the 144, Public Law 110–329, 122 Stat.
for conducting quarterly performance efficiency in the processing of EB–5- 3574, 3581 (2008). USCIS approves a
testing plus periodic on-site inspections related filings. regional center based on the submission
of those LAPSA-accredited laboratories DATES: This Notice is effective January of a proposal which successfully:
was transferred to the U.S. HHS, with 26, 2009 for the filing of Forms I–526, • Describes how the regional center
the HHS’ NLCP contractor continuing to I–829, and Forms I–485 based on an will promote economic growth in a
have an active role in the performance approved Form I–526. This Notice is particular geographical region of the
testing and laboratory inspection effective January 26, 2009 for the filing United States;
processes. Other Canadian laboratories of Regional Center Proposals under the • Describes how jobs will be
wishing to be considered for the NLCP Immigrant Investor Pilot Program. indirectly created;
may apply directly to the NLCP FOR FURTHER INFORMATION CONTACT: • Specifies the amount and source of
contractor just as U.S. laboratories do. Joseph P. Whalen, Adjudications capital committed to the regional center;
Upon finding a Canadian laboratory to Officer, Service Center Operations, EB– • Describes the manner in which the
be qualified, HHS will recommend that 5 Investor Program, U.S. Citizenship regional center will have a positive
DOT certify the laboratory (Federal and Immigration Services, Department impact on the economy; and is
Register, July 16, 1996) as meeting the of Homeland Security, 20 Massachusetts • Supported by economically or
minimum standards of the Mandatory Avenue, NW., Washington, DC 20529– statistically valid forecasting tools. 8
Guidelines published in the Federal 2060, telephone (202) 272–8355. CFR 204.6(m)(3).
Obtaining LPR status under the EB–5
Register on April 13, 2004 (69 FR SUPPLEMENTARY INFORMATION:
immigrant classification is a three step
19644). After receiving DOT
I. Background process, as follows:
certification, the laboratory will be
(1) The alien must first be classified
included in the monthly list of HHS- A. EB–5 Immigrant Classification as an alien entrepreneur. This step
certified laboratories and participate in The employment creation immigrant requires the alien to obtain an approval
the NLCP certification maintenance classification (referred to as the of a Form I–526, ‘‘Immigrant Petition by
program. ‘‘Employment Based (EB–5)’’ immigrant Alien Entrepreneur.’’ See 8 CFR
Elaine Parry, classification) allows qualifying aliens, 204.6(a).
Acting Director, Office of Program Services, and any accompanying spouses and (2) The alien then applies to become
SAMHSA. children, to obtain lawful permanent a conditional resident on the basis of the
[FR Doc. E9–176 Filed 1–8–09; 8:45 am] resident (LPR) status if the qualifying approved Form I–526 petition. If the
BILLING CODE 4160–20–P aliens have invested, or are actively in alien resides in the United States, he or
the process of investing, $1 million in she must obtain a grant of a Form I–485,
a new commercial enterprise. See ‘‘Application to Register Permanent
DEPARTMENT OF HOMELAND Immigration and Nationality Act (INA) Residence or Adjust Status’’ from USCIS
SECURITY secs. 203(b)(5)(A) and (C), 8 U.S.C. to become a conditional resident. See 8
1153(b)(5)(A) and (C). Their investment CFR 245.1(a). If the alien resides outside
U.S. Citizenship and Immigration must benefit the U.S. economy and of the United States, he or she must
Services create full-time jobs for 10 or more obtain an immigrant visa issued by the
qualifying employees. INA sec. Department of State (DOS) and gain
[CIS No. 2462–08; DHS Docket No. USCIS– 203(b)(5)(A)(ii), 8 U.S.C.
2008–0076]
admission to the United States on this
1153(B)(5)(A)(ii). If the investment is in basis. Foreign Affairs Manual 9 FAM
RIN 1615–ZA80 a rural area or an area that has 42.32(e) N12. After completing one of
experienced high unemployment these steps, the alien will obtain
Change in Filing Location for EB–5- (referred to as ‘‘Targeted Employment conditional resident status. INA section
Related Petitions and Applications and Area’’), the required capital investment 216A(f)(1), 8 U.S.C. 1186b(f)(1).
Regional Center Proposals amount is $500,000 rather than $1 (3) The last step to obtaining LPR
mstockstill on PROD1PC66 with NOTICES
AGENCY: U.S. Citizenship and million. INA sec. 203(b)(5)(C)(ii), 8 status is triggered 90 days before the
Immigration Services, DHS. U.S.C. 1153(b)(5)(C)(ii); 8 CFR second anniversary of the alien
ACTION: Notice. 204.6(f)(2). Also, under the Immigrant entrepreneur’s conditional resident
Investor Pilot Program, qualifying aliens status. INA section 216A(d)(2), 8 U.S.C.
SUMMARY: This Notice announces the may meet the job creation requirement 1186b(d)(2). During this 90-day period,
requirement that petitions and through the creation of 10 indirect jobs. the alien entrepreneur must submit to
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Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 913
USCIS a Form I–829, ‘‘Petition by Program must by filed at the following DEPARTMENT OF HOUSING AND
Entrepreneur to Remove Conditions.’’ 8 address: URBAN DEVELOPMENT
CFR 216.6(a)(1). Failure to timely For Direct Mail: [Docket No. FR–5280–N–01]
submit Form I–829 or to obtain a
removal of conditions may result in U.S. Citizenship and Immigration
Services, California Service Center, Federal Property Suitable as Facilities
termination of conditional resident To Assist the Homeless
status and USCIS taking action to place ATTN: EB–5 Processing Unit, P.O. Box
the alien and accompanying dependents 10526, Laguna Niguel, CA 92607–0526. AGENCY: Office of the Assistant
in removal proceedings. 8 CFR For non-United States Postal Service Secretary for Community Planning and
216.6(a)(5). (USPS) deliveries (e.g. private couriers): Development, HUD.
U.S. Citizenship and Immigration ACTION: Notice.
B. Filing Locations Services, California Service Center,
The regulations provide that EB–5 ATTN: EB–5 Processing Unit, 24000 SUMMARY: This Notice identifies
petitions (Forms I–526 and I–829) must Avila Road, Room, 2nd Floor, Laguna unutilized, underutilized, excess, and
be filed with the service center having Niguel, CA 92677. surplus Federal property reviewed by
jurisdiction over the area in which the For a 30-day period, until February 9, HUD for suitability for possible use to
new commercial enterprise is or will be 2009, Forms I–526, I–829, and I–485 assist the homeless.
principally doing business. 8 CFR (EB–5-related only) received by the TSC DATES: Effective Date: January 9, 2009.
204.6(b); 8 CFR 216.6(a)(2). Currently, will be considered properly filed, FOR FURTHER INFORMATION CONTACT:
the Texas and California Service Centers assuming all other filing requirements Kathy Ezzell, Department of Housing
have jurisdiction to adjudicate EB–5 I– have been met. The TSC will transfer and Urban Development, 451 Seventh
526 and I–829 petitions. 63 FR 67135 such forms to the CSC for adjudication. Street, SW., Room 7262, Washington,
(Dec. 4, 1998). EB–5-related Forms I– Likewise, for a 30-day period, until DC 20410; telephone (202) 708–1234;
485 must be filed at Texas Service February 9, 2009, Immigrant Investor TTY number for the hearing- and
Center (TSC), regardless of where the Pilot Program regional center proposals speech-impaired (202) 708–2565 (these
alien resides. See Instructions to Form received by USCIS Headquarters will be telephone numbers are not toll-free), or
I–485, p. 6. considered properly filed. Such call the toll-free Title V information line
For proposals submitted by regional proposals will be transferred to the CSC at 800–927–7588.
centers under the Immigrant Investor for adjudication. After the 30-day SUPPLEMENTARY INFORMATION: In
Pilot Program, the regulations provide transition periods, any Forms I–526, I– accordance with the December 12, 1988
that proposals must be submitted to the 829, and I–485 (EB–5-related only) or court order in National Coalition for the
‘‘Assistant Commissioner for regional center proposals that are Homeless v. Veterans Administration,
Adjudications,’’ a position held at the received at a location other than the No. 88–2503–OG (D.D.C.), HUD
Headquarters of the former Immigration address specified in this Notice will be publishes a Notice, on a weekly basis,
and Naturalization Service (INS). rejected and returned with directions to identifying unutilized, underutilized,
However, this position was rendered re-file at the appropriate address. excess and surplus Federal buildings
obsolete following the abolishment of Any Forms I–526, I–829, and I–485 and real property that HUD has
INS in March 2003. See 6 U.S.C. 291; (EB–5-related only) at the TSC for which reviewed for suitability for use to assist
Homeland Security Act of 2002, Public no adjudicative action has commenced the homeless. Today’s Notice is for the
Law 107–296, 116 Stat. 2135 (Nov. 25, as of January 26, 2009 will be forwarded purpose of announcing that no
2002). No parallel position is present in to the CSC. In addition, any regional additional properties have been
USCIS. In the absence of further center proposals for which no determined suitable or unsuitable this
guidance, regional centers wishing to adjudicative action has commenced as week.
participate in the Immigrant Investor of January 26, 2009 will be forwarded to Dated: December 30, 2008.
Pilot Program have been submitting the CSC. Mark R. Johnston,
their proposals to the Chief of Service
III. Paperwork Reduction Act Deputy Assistant Secretary for Special Needs.
Center Operations.
[FR Doc. E8–31391 Filed 1–8–09; 8:45 am]
In an effort to improve the USCIS is amending the instructions to BILLING CODE 4210–67–P
consistency and timeliness of EB–5- the Forms I–485, I–526 and I–829 to
related adjudications, USCIS has reflect the new filing location.
determined that it is necessary to Accordingly, USCIS has submitted
consolidate such adjudications under DEPARTMENT OF THE INTERIOR
Information Correction Worksheets
the jurisdiction of the CSC. USCIS has (OMB 83–C) to the Office of Fish and Wildlife Service
established a unit at the CSC comprised Management and Budget (OMB) in
of specially-trained adjudicators accordance with the Paperwork
[FWS–R2–ES–2008–N0337; 20124–
dedicated to EB–5 adjudications. The 11130000–C4]
Reduction Act. The instruction changes
deciding official will be the Director of will not impose any new reporting or
the CSC. By consolidating adjudications Endangered and Threatened Wildlife
recordkeeping requirements. The OMB and Plants; Mexican Wolf (Canis lupus
at the CSC, USCIS believes that it will control number for these collections are
be able to reduce overall processing baileyi) Conservation Assessment
contained in 8 CFR 299.5, Display of
times and better monitor EB–5-related control numbers. AGENCY: Fish and Wildlife Service,
adjudications. Interior.
mstockstill on PROD1PC66 with NOTICES
Dated: January 5, 2009.
II. Filing Location Change ACTION: Notice of availability; draft
Michael Aytes,
conservation assessment; request for
Beginning on January 26, 2009, Forms Acting Deputy Director, U.S. Citizenship and
comments.
I–526, I–829, and I–485 (EB–5-related Immigration Services.
only), and regional center proposals [FR Doc. E9–231 Filed 1–8–09; 8:45 am] SUMMARY: We, the U.S. Fish and
under the Immigrant Investor Pilot BILLING CODE 9111–97–P Wildlife Service (Service) announce the
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