[Federal Register Volume 63, Number 233 (Friday, December 4, 1998)]
[Notices]
[Pages 67135-67136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32237]


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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.

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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