[Federal Register: December 4, 1998 (Volume 63, Number 233)]
[Notices]
[Page 67135-67136]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de98-101]

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS 1938-98]


Filing of Applications and Petitions for Treaty Trader and Treaty
Investor (E) and Alien Entrepreneur (EB-5) Classification

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice of location of filing petitions and applications.

-----------------------------------------------------------------------

SUMMARY: This notice announces that the Immigration and Naturalization
Service (Service) is directing all petitions and applications related
to classification as a treaty trader (E-1), treaty investor (E-2), or
alien entrepreneur (EB-5) to be filed at the newly defined
jurisdictional areas of either the Texas Service Center or the
California Service Center. This action is necessary to provide more
effective monitoring and control of these often complex, time-consuming
adjudications.

DATES: This notice is effective December 4, 1998.

FOR FURTHER INFORMATION CONTACT: Katharine Auchincloss-Lorr,
Adjudications Officer, Immigration and Naturalization Service, 425 I
Street, NW, Room 3214, Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

What Change is the Service Announcing Through the Publication of
This Document?

    Until this time, treaty trader and treaty investment applications
and alien entrepreneur petitions have been processed at the four
Service Centers located in California, Vermont, Texas, and Nebraska.
With the publication of this notice, pursuant to 8 CFR 103.1 and 103.2,
the Service is consolidating all petitions and applications relating to
classification as a treaty trader (E-1), treaty investor (E-2), and
alien entrepreneur (EB-5) at two Service Centers, namely those in Texas
and California.

Why is the Service Changing the Location for Processing E-1 and E-2
Applications and EB-5 Petitions?

    By consolidating these applications and petitions at the Texas and
California Service Centers, the Service will ensure that the procedures
related to the adjudication of these highly technical requests for
immigration benefits are more uniform, consistent, and streamlined.
Quality control and other necessary program oversight functions may be
more readily undertaken as necessary. The Service can more easily
ensure that the officers adjudicating these cases are appropriately
trained and experienced in the relevant areas of regulatory trade,
investment, financial, and economic policy and analysis, and that they
have access to the additional expertise necessary in particularly
complex matters.

How Will the Public Benefit From These Changes?

    These petitioners and applicants will receive more comprehensive
and effective adjudication of their requests for benefits. These
adjudications will be performed only by trained and skilled
adjudicators, familiar with these complex financial and economic
requirements and the issues involved. Consolidation will enable the
Service to respond more effectively to any procedural concerns and to
provide prompt adjudication.

What Petitions and Forms are Involved?

    The petitions and applications involved in this change of filing
location include applications for extension or change of status of
nonimmigrant classification to treaty trader (E-1) and treaty investor
(E-2) status which are processed on Form I-129; petitions for alien
entrepreneur classification, which are filed on Form I-526, and;
petitions to remove conditions at the end of the 2 year period of
conditional residence, which are filed on Form I-829.

What are the Mailing Addresses for These New Filing Locations?

    The current mailing addresses for these petitions and applications
are as follows: for the California Service Center, 24000 Avila Road,
2nd floor (P.O. Box 10526), Laguna Niguel, California 92607-0526; for
the Texas Service Center, P.O. Box 852135, Mesquite TX 75185-2135.

Is This Change in Location a Change in Service Center Jurisdiction?

    The Nebraska and Vermont Service Centers will no longer have
jurisdiction over E-1, E-2, and EB-5 matters. The Texas and California
Service Centers will have jurisdiction over these matters.
    Effective [Insert date of publication in the Federal Register],
petitions for immigrant investor classification which have been filed
pursuant to Sec. 204.6(b) with the Service Center having jurisdiction
over the area in which the new commercial enterprise is or will be
principally doing business, will be filed with: (1) The Texas Service
Center if the new commercial enterprise is located, or will principally
be doing business, in the areas previously covered by the Vermont and
Texas Service Centers; (2) the California Service Center if the new
commercial enterprise is located, or will principally be doing
business, in the areas previously covered by the California and
Nebraska Service Centers.
    The same change will occur with regard to applications for
extension of stay or change of status into E-1 or E-2 classification
which are filed pursuant to the instructions on Form I-129 with the
Service Center with jurisdiction over the location of employment.

What Will Happen to My Application or Petition if I Already Filed
It at Another Service Center?

    During the first 60 days following the effective date of this
Notice, the Service Centers in Vermont and Nebraska will forward in a
timely fashion to the Service Centers in Texas and California, as
appropriate, any of these applications and petitions which have been
inadvertently filed with the Service Centers in Vermont or Nebraska. In
order to facilitate this transition, applicants and petitioners will be
provided a notice at the time of filing at Vermont or Nebraska advising
them that their application or petition is being forwarded to the
correct service center, either Texas of California, for initial
processing. When applications or petitions are forwarded from the
Vermont or Nebraska Service Centers, they will be receipted and filed
when they arrive at the Texas or California Service Centers, After the
60-day transition period, applications and petitions related to
classification as treaty trader (E-1), treaty investor (E-2),

[[Page 67136]]

or alien entrepreneur (EB-5) filed inadvertently at the Vermont or
Nebraska Service Centers will be returned with a notice that directs
the petitioner or applicant to mail the petition or application
directly to the Texas or California Service Center, as appropriate, for
processing.

    Dated: November 13, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-32237 Filed 12-3-98; 8:45 am]
BILLING CODE 4410-10-M