Andrew J. Davidson has been named Deputy Director and Acting Director of U.S. Citizenship and Immigration Services (USCIS), effective Feb 9, according to media reports.
Davidson has been serving as acting deputy director for USCIS since 2023.
Who is Andrew Davidson?
Davidson’s career in the U.S. immigration system began in 1997. His experience within USCIS since 2011 has involved overseeing key areas such as humanitarian programs, including asylum, and serving in the Fraud Detection and National Security Directorate (FDNSD) and the Immigration Records and Identity Services Directorate.
However, according to Davidson’s profile provided by USCIS, his experience with the EB-5 visa program seems to be limited.
As he steps into his new position, the immigration community anticipates continued progress under his leadership, focusing on enhancing the integrity and effectiveness of USCIS operations.
Potential impact of Davidson’s appointment on the EB-5 program
What do EB-5 attorneys expect from Davidson regarding managing the EB-5 visa program?
Many note his background in fraud detection and national security experience could positively influence EB-5 adjudications. They also highlighted his neutrality as a potentially positive starting point.
Marjan Kasra from Lawmaks expects his appointment to result in more rigorous EB-5 vetting processes for investors and project developers.
“Additionally, his experience managing immigration records and identity services might streamline the processing of EB-5 applications, potentially reducing backlogs and improving efficiency,” she says. “Stakeholders in the EB-5 community will be keen to observe how Davidson’s leadership influences the program’s administration and its role in promoting economic development.”
Meanwhile, Phuong Le from KLDP Law says he expects Davidson to bring a fair and balanced approach to immigration.
“As someone who has worked on both the humanitarian side of immigration overseeing the refugee/asylum programs and also the enforcement side through FDNS, we know that he is been able to shift his approach to deal with each program,” Le adds. “What we don’t know, however, is how he will deal with the EB-5 program’s intricate issues. Certainly, through FDNS, he’s already tracked international transfers and exchanges of money. It’ll be interesting to see how he balances that while being the figurehead of Trump’s supposed pro-EB-5 agenda.”
EB-5 lawyer Carolyn Lee from Carolyn Lee LLC noted: “He presents so far as neutral on EB-5. This is positive, I believe. He has a long history with USCIS, so this is someone with deep knowledge about the agency, the biggest drawback of which may be that his perspectives beyond the agency, including to regulated industries, may be limited. That said, a strength is that he undoubtedly has a deep understanding of the agency and would be well-positioned to make improvements starting inside out.”
As for his independence on EB-5 matters, U.S. immigration attorney Robert Gaffney sees it as a positive thing. “It is refreshing to see someone with this amount of experience working for the service in this position. I hope he will be able to exercise some degree of professional independence in the current environment.”
Edward Beshara from Beshara Law adds that Davidson also supports immigration processing under the Circumvention of Lawful Pathways rule, which took place in May 2023. “This rule encourages migrants to use lawful, safe, and orderly processes and pathways to enter the United States.”
In addition, the EB-5 attorneys agree that his experience with FDNS will be helpful, particularly after the Reform and Integrity Act of 2022 (RIA).
Immigration attorney Ignacio Donoso from Donoso Law points out that his national security background will benefit USCIS and the EB-5 program. “Perhaps the biggest challenges (and potential contributions) that Davidson can make to the EB-5 Program are, first, the proper roll-out of new EB-5 regulations, which are clearly required after passage of the [RIA],” he states. “Second, EB-5 processing times are not close to the average targets expressly stated in the RIA, even though filing fees rose exponentially in April 2024. That is a significant problem that must be addressed. Finally, the need for electronic filing of EB-5 visa petitions — frankly, of all visa programs — is more compelling than ever. Davidson should prioritize bringing the US visa filing system into the 21st century.”
USCIS has not officially announced this information, nor has the agency responded to our request for formal confirmation about Davidson’s appointment.
DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
