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USCIS EB-5 letter B

USCIS EB-5 letter B

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12/23/2013

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Security of U.S.Department Ilomeland Of/i.

ceof GeneralCounsel AvenueNW Room4210 20 Massachusetts DC20529 Washington,

U.S.Citizenship and Immigration Services
APP2010001470
Norman Oder Atlantic Yards Report 84 Sterling Place,#2 Brooklyn,NY 11217

Dear Norman Oder:

Re: COW2010000432 you appealed action of the National RecordsCenterregardingyour waiver of feesrequest the to applicableto access recordspertaining to EB-5 New York City Regional Center,dated 5,2010. October On the basis of all of the information availableto me, we have determinedthat your requestfor a waiver of fees shouldbe denied. The statutorytest for evaluatingfee waiver requestsis whether it releaseof the information "is in the public interestbecause is likely to contribute significantly of the govemmentand is not primarily in of to public understanding the operationsor activities commercialinteresi of the requester,"in which a fee waiver or reduction is requiredby law. the 5 U.S.C. $ 552(a)(a(Axiii). We consideredsix factors in our determinationas to whether your recordsconcerns request,utirfi"r this statutory standard:(1) whether the subjectof the requested 'the operationsor activities of the government";(2) whether the disclosureis "likely to contribute',to an understandingof governmentoperationsor activities; (3) whether disclosureof information will contributeto the understandingof the generalpublic; (4) whether the requested of the disclosureis likely to contribute "significantly" to public understanding the govemment operationsor activities; (5) whether the requesterhas a commercialinterestthat would be furtheredby the requesteddisclosure;and (6) whether any such commercial interestoutweighs (See6 C.F.R. $5.11(k). the public interestin disclosure. six In reachinga conclusionon your request,we have analyzedthese factors as they apply to the We are unawareof any significant public understandingof of circumstances your request. governmentoperationsoi activities that would result from the releaseof the recordsyou seek. Accordingly, your requestis denied.

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