Effect of Material Change Doctrine in EB-5 Deference Policy (.PDF)

Effect of Material Change Doctrine in EB-5 Deference Policy (.PDF)


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Deference without Substance: Effect of Material Change Doctrine in EB-5 Deference Policy



This article discusses U.S. Citizenship and Immigration Services' (USCIS) treatment of the precedent decision Matter of Katigbak and its impact on USCIS's “material change” and deference policies. The author argues that USCIS fundamentally misconstrues Katigbak, resting its material change policy and a weak deference policy on faulty legal ground.


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About the Author

Carolyn S. Lee (csl@millermayer.com) is a Partner at Miller Mayer, LLP in Ithaca, NY. She earned her BA degree cum laude from Williams College, and her JD degree with specialization in International Legal Affairs from Cornell University Law School. Her practice focuses on EB-5 immigrant investors and regional centers. Carolyn is the author of several EB-5 publications, including “Ethical and Practical Considerations in EB-5 Practice,” “The Meaning of `At Risk' in EB-5 Investment,” and “`Material Change' in EB-5 Petitions: A Need to Return to the Drawing Board.” She is the co-author of additional EB-5 publications, including “Relevance of U.S. Securities Laws to Immigrant Investors, EB-5 Regional Centers and Their Advisors.” She is the Chair of the AILA EB-5 Investor Committee, and is a member of the AILA Investor Conference Committee, and the AILA California Service Center Liaison Committee. Her complete bio is available at the Miller Mayer website.

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