912 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 

The following laboratory will be 

voluntarily withdrawing from the NLCP 

on January 9, 2009: 

Oregon Medical Laboratories, 123 

International Way, Springfield, OR 

97477, 541–341–8092. 

*The Standards Council of Canada 

(SCC) voted to end its Laboratory 

Accreditation Program for Substance 

Abuse (LAPSA) effective May 12, 1998. 

Laboratories certified through that 

program were accredited to conduct 

forensic urine drug testing as required 

by U.S. Department of Transportation 

(DOT) regulations. As of that date, the 

certification of those accredited 

Canadian laboratories will continue 

under DOT authority. The responsibility 

for conducting quarterly performance 

testing plus periodic on-site inspections 

of those LAPSA-accredited laboratories 

was transferred to the U.S. HHS, with 

the HHS’ NLCP contractor continuing to 

have an active role in the performance 

testing and laboratory inspection 

processes. Other Canadian laboratories 

wishing to be considered for the NLCP 

may apply directly to the NLCP 

contractor just as U.S. laboratories do. 

Upon finding a Canadian laboratory to 

be qualified, HHS will recommend that 

DOT certify the laboratory (Federal 

Register, July 16, 1996) as meeting the 

minimum standards of the Mandatory 

Guidelines published in the Federal 

Register on April 13, 2004 (69 FR 

19644). After receiving DOT 

certification, the laboratory will be 

included in the monthly list of HHScertified laboratories and participate in 

the NLCP certification maintenance 

program. 

Elaine Parry, 

Acting Director, Office of Program Services, 

SAMHSA. 

[FR Doc. E9–176 Filed 1–8–09; 8:45 am] 

BILLING CODE 4160–20–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2462–08; DHS Docket No. USCIS– 

2008–0076] 

RIN 1615–ZA80 

Change in Filing Location for EB–5- 

Related Petitions and Applications and 

Regional Center Proposals 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Notice. 

SUMMARY: This Notice announces the 

requirement that petitions and 

applications related to the Alien 

Entrepreneur (EB–5) immigrant 

classification, and Regional Center 

Proposals under the EB–5 Immigrant 

Investor Pilot Program, must be filed at 

the California Service Center (CSC). 

Currently, EB–5-related petitions and 

applications are filed at either the Texas 

Service Center (TSC) or the CSC, 

depending on where the alien’s 

commercial enterprise is located. 

Regional center proposals are being 

submitted to the Chief of USCIS Service 

Centers at USCIS Headquarters. The 

change to one filing location for EB–5- 

related petitions, applications, and 

regional center proposals announced by 

this Notice is necessary to improve the 

efficiency in the processing of EB–5- 

related filings. 

DATES: This Notice is effective January 

26, 2009 for the filing of Forms I–526, 

I–829, and Forms I–485 based on an 

approved Form I–526. This Notice is 

effective January 26, 2009 for the filing 

of Regional Center Proposals under the 

Immigrant Investor Pilot Program. 

FOR FURTHER INFORMATION CONTACT: 

Joseph P. Whalen, Adjudications 

Officer, Service Center Operations, EB– 

5 Investor Program, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, 20 Massachusetts 

Avenue, NW., Washington, DC 20529– 

2060, telephone (202) 272–8355. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. EB–5 Immigrant Classification 

The employment creation immigrant 

classification (referred to as the 

‘‘Employment Based (EB–5)’’ immigrant 

classification) allows qualifying aliens, 

and any accompanying spouses and 

children, to obtain lawful permanent 

resident (LPR) status if the qualifying 

aliens have invested, or are actively in 

the process of investing, $1 million in 

a new commercial enterprise. See 

Immigration and Nationality Act (INA) 

secs. 203(b)(5)(A) and (C), 8 U.S.C. 

1153(b)(5)(A) and (C). Their investment 

must benefit the U.S. economy and 

create full-time jobs for 10 or more 

qualifying employees. INA sec. 

203(b)(5)(A)(ii), 8 U.S.C. 

1153(B)(5)(A)(ii). If the investment is in 

a rural area or an area that has 

experienced high unemployment 

(referred to as ‘‘Targeted Employment 

Area’’), the required capital investment 

amount is $500,000 rather than $1 

million. INA sec. 203(b)(5)(C)(ii), 8 

U.S.C. 1153(b)(5)(C)(ii); 8 CFR 

204.6(f)(2). Also, under the Immigrant 

Investor Pilot Program, qualifying aliens 

may meet the job creation requirement 

through the creation of 10 indirect jobs. 

See Departments of Commerce, Justice, 

and State, the Judiciary, and Related 

Agencies Appropriations Act, 1993, sec. 

610(c), Public Law 102–395, 106 Stat. 

1874 (1992), 8 U.S.C. 1153 note. To 

qualify for the relaxed job creation 

requirement, an alien must invest in a 

new commercial enterprise that is 

located in a geographical region of the 

United States covered by a ‘‘regional 

center’’ (defined in 8 CFR 204.6(e)) 

approved by USCIS for participation in 

the pilot program. This pilot program is 

set to expire on March 6, 2009. See 

Consolidated Security, Disaster 

Assistance, and Continuing 

Appropriations Act, 2009, Div. A, sec. 

144, Public Law 110–329, 122 Stat. 

3574, 3581 (2008). USCIS approves a 

regional center based on the submission 

of a proposal which successfully: 

• Describes how the regional center 

will promote economic growth in a 

particular geographical region of the 

United States; 

• Describes how jobs will be 

indirectly created; 

• Specifies the amount and source of 

capital committed to the regional center; 

• Describes the manner in which the 

regional center will have a positive 

impact on the economy; and is 

• Supported by economically or 

statistically valid forecasting tools. 8 

CFR 204.6(m)(3). 

Obtaining LPR status under the EB–5 

immigrant classification is a three step 

process, as follows: 

(1) The alien must first be classified 

as an alien entrepreneur. This step 

requires the alien to obtain an approval 

of a Form I–526, ‘‘Immigrant Petition by 

Alien Entrepreneur.’’ See 8 CFR 

204.6(a). 

(2) The alien then applies to become 

a conditional resident on the basis of the 

approved Form I–526 petition. If the 

alien resides in the United States, he or 

she must obtain a grant of a Form I–485, 

‘‘Application to Register Permanent 

Residence or Adjust Status’’ from USCIS 

to become a conditional resident. See 8 

CFR 245.1(a). If the alien resides outside 

of the United States, he or she must 

obtain an immigrant visa issued by the 

Department of State (DOS) and gain 

admission to the United States on this 

basis. Foreign Affairs Manual 9 FAM 

42.32(e) N12. After completing one of 

these steps, the alien will obtain 

conditional resident status. INA section 

216A(f)(1), 8 U.S.C. 1186b(f)(1). 

(3) The last step to obtaining LPR 

status is triggered 90 days before the 

second anniversary of the alien 

entrepreneur’s conditional resident 

status. INA section 216A(d)(2), 8 U.S.C. 

1186b(d)(2). During this 90-day period, 

the alien entrepreneur must submit to 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 913 

USCIS a Form I–829, ‘‘Petition by 

Entrepreneur to Remove Conditions.’’ 8 

CFR 216.6(a)(1). Failure to timely 

submit Form I–829 or to obtain a 

removal of conditions may result in 

termination of conditional resident 

status and USCIS taking action to place 

the alien and accompanying dependents 

in removal proceedings. 8 CFR 

216.6(a)(5). 

B. Filing Locations 

The regulations provide that EB–5 

petitions (Forms I–526 and I–829) must 

be filed with the service center having 

jurisdiction over the area in which the 

new commercial enterprise is or will be 

principally doing business. 8 CFR 

204.6(b); 8 CFR 216.6(a)(2). Currently, 

the Texas and California Service Centers 

have jurisdiction to adjudicate EB–5 I– 

526 and I–829 petitions. 63 FR 67135 

(Dec. 4, 1998). EB–5-related Forms I– 

485 must be filed at Texas Service 

Center (TSC), regardless of where the 

alien resides. See Instructions to Form 

I–485, p. 6. 

For proposals submitted by regional 

centers under the Immigrant Investor 

Pilot Program, the regulations provide 

that proposals must be submitted to the 

‘‘Assistant Commissioner for 

Adjudications,’’ a position held at the 

Headquarters of the former Immigration 

and Naturalization Service (INS). 

However, this position was rendered 

obsolete following the abolishment of 

INS in March 2003. See 6 U.S.C. 291; 

Homeland Security Act of 2002, Public 

Law 107–296, 116 Stat. 2135 (Nov. 25, 

2002). No parallel position is present in 

USCIS. In the absence of further 

guidance, regional centers wishing to 

participate in the Immigrant Investor 

Pilot Program have been submitting 

their proposals to the Chief of Service 

Center Operations. 

In an effort to improve the 

consistency and timeliness of EB–5- 

related adjudications, USCIS has 

determined that it is necessary to 

consolidate such adjudications under 

the jurisdiction of the CSC. USCIS has 

established a unit at the CSC comprised 

of specially-trained adjudicators 

dedicated to EB–5 adjudications. The 

deciding official will be the Director of 

the CSC. By consolidating adjudications 

at the CSC, USCIS believes that it will 

be able to reduce overall processing 

times and better monitor EB–5-related 

adjudications. 

II. Filing Location Change 

Beginning on January 26, 2009, Forms 

I–526, I–829, and I–485 (EB–5-related 

only), and regional center proposals 

under the Immigrant Investor Pilot 

Program must by filed at the following 

address: 

For Direct Mail: 

U.S. Citizenship and Immigration 

Services, California Service Center, 

ATTN: EB–5 Processing Unit, P.O. Box 

10526, Laguna Niguel, CA 92607–0526. 

For non-United States Postal Service 

(USPS) deliveries (e.g. private couriers): 

U.S. Citizenship and Immigration 

Services, California Service Center, 

ATTN: EB–5 Processing Unit, 24000 

Avila Road, Room, 2nd Floor, Laguna 

Niguel, CA 92677. 

For a 30-day period, until February 9, 

2009, Forms I–526, I–829, and I–485 

(EB–5-related only) received by the TSC 

will be considered properly filed, 

assuming all other filing requirements 

have been met. The TSC will transfer 

such forms to the CSC for adjudication. 

Likewise, for a 30-day period, until 

February 9, 2009, Immigrant Investor 

Pilot Program regional center proposals 

received by USCIS Headquarters will be 

considered properly filed. Such 

proposals will be transferred to the CSC 

for adjudication. After the 30-day 

transition periods, any Forms I–526, I– 

829, and I–485 (EB–5-related only) or 

regional center proposals that are 

received at a location other than the 

address specified in this Notice will be 

rejected and returned with directions to 

re-file at the appropriate address. 

Any Forms I–526, I–829, and I–485 

(EB–5-related only) at the TSC for which 

no adjudicative action has commenced 

as of January 26, 2009 will be forwarded 

to the CSC. In addition, any regional 

center proposals for which no 

adjudicative action has commenced as 

of January 26, 2009 will be forwarded to 

the CSC. 

III. Paperwork Reduction Act 

USCIS is amending the instructions to 

the Forms I–485, I–526 and I–829 to 

reflect the new filing location. 

Accordingly, USCIS has submitted 

Information Correction Worksheets 

(OMB 83–C) to the Office of 

Management and Budget (OMB) in 

accordance with the Paperwork 

Reduction Act. The instruction changes 

will not impose any new reporting or 

recordkeeping requirements. The OMB 

control number for these collections are 

contained in 8 CFR 299.5, Display of 

control numbers. 

Dated: January 5, 2009. 

Michael Aytes, 

Acting Deputy Director, U.S. Citizenship and 

Immigration Services. 

[FR Doc. E9–231 Filed 1–8–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5280–N–01] 

Federal Property Suitable as Facilities 

To Assist the Homeless 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This Notice identifies 

unutilized, underutilized, excess, and 

surplus Federal property reviewed by 

HUD for suitability for possible use to 

assist the homeless. 

DATES: Effective Date: January 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ezzell, Department of Housing 

and Urban Development, 451 Seventh 

Street, SW., Room 7262, Washington, 

DC 20410; telephone (202) 708–1234; 

TTY number for the hearing- and 

speech-impaired (202) 708–2565 (these 

telephone numbers are not toll-free), or 

call the toll-free Title V information line 

at 800–927–7588. 

SUPPLEMENTARY INFORMATION: In 

accordance with the December 12, 1988 

court order in National Coalition for the 

Homeless v. Veterans Administration, 

No. 88–2503–OG (D.D.C.), HUD 

publishes a Notice, on a weekly basis, 

identifying unutilized, underutilized, 

excess and surplus Federal buildings 

and real property that HUD has 

reviewed for suitability for use to assist 

the homeless. Today’s Notice is for the 

purpose of announcing that no 

additional properties have been 

determined suitable or unsuitable this 

week. 

Dated: December 30, 2008. 

Mark R. Johnston, 

Deputy Assistant Secretary for Special Needs. 

[FR Doc. E8–31391 Filed 1–8–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2008–N0337; 20124– 

11130000–C4] 

Endangered and Threatened Wildlife 

and Plants; Mexican Wolf (Canis lupus 

baileyi) Conservation Assessment 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; draft 

conservation assessment; request for 

comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service) announce the 

mstockstill on PROD1PC66 with NOTICES