EMG Memo

U.S. Citizenship and Immigration Services
Office of Information Technology
Washington, DC 20529

Memorandum
TO:

Sharon Block
Acting Administrator,
Office of Information and Regulatory Affairs,
Office of Management and Budget

THROUGH: Eric Hysen
DHS Chief Information Officer
FROM:

ERIC N HYSEN

Samantha Deshommes
SAMANTHA L
USCIS Office of Policy and Strategy,
DESHOMMES
Regulatory Coordination Division, Chief

Digitally signed by ERIC N HYSEN
Date: 2021.09.01 14:45:25 -04'00'

Digitally signed by SAMANTHA L
DESHOMMES
Date: 2021.08.31 15:31:02 -04'00'

SUBJECT: Request for Emergency OMB Paperwork Reduction Act (PRA) Clearance – Form I526, Immigrant Petition by Alien Investor
On June 22, 2021, the U.S. District Court for the Northern District of California vacated the EB5 Immigrant Investor Program Modernization Final Rule, 84 FR 35750 (July 24, 2019). The
Form I-526 was revised as part of this rulemaking but because the rule was vacated, use of the
revised form is no longer legally permissible. USCIS must revert back to the pre-November 2019
version of the Form I-526.
Reverting to the prior version of the Form I-526 is essential to the mission of USCIS to avoid
being held in contempt by the Court. USCIS cannot reasonably comply with the normal
clearance procedures because the rule has already been vacated and USCIS must comply with
the Court order as soon as possible. USCIS has taken all practicable steps to minimize the burden
of this information collection.
Accordingly, USCIS revised the Form I-526 by reverting to the pre-2019 version of the Form I526. Changes to the form have been thoroughly reviewed and vetted by USCIS. The revised
Form I-526 reflects the EB-5 Modernization Rule vacatur on June 22, 2021.
USCIS seeks emergency processing of the Form I-526 in accordance with 5 CFR 1320.13.
USCIS certifies that the requirements of 5 CFR 1320.13(a)(1) are met and that:

www.uscis.gov

Request for Emergency OMB Paperwork Reduction Act (PRA) Clearance – Form I-526,
Immigrant Petition by Alien Investor
Page 2
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The collection of information is needed immediately and is essential to the mission of the
agency.
The use of normal clearance procedures is reasonably likely to prevent or disrupt the
collection of information because unanticipated events have occurred.

USCIS greatly appreciates the consideration of this request.