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USCIS releases guidance memo on EB-5 cases involving Tenant-Occupancy.

Please check the attached guidance memo for detail information. 

On June 22, 2012, USCIS hosted a public engagement featuring two economists who work on the EB-5 Immigrant Investor program. Following that engagement, some stakeholders sought clarification as to certain points raised by the economists. USCIS is now pleased to provide clarification as to two of the primary questions raised.

EB-5 Projects Involving Hotel or Resort Development

Release Date 

07/16/2024

USCIS is issuing policy guidance on new provisions in the Immigration and Nationality Act (INA) that cover consequences for noncompliance with the EB-5 Regional Center program.

Release Date 

07/24/2024

Effective Oct. 1, 2024, USCIS will increase the investment and revenue thresholds under the International Entrepreneur Rule, as required every three years. The application fee will not change, however.

Background

released May 19, 2011

Actions Will Streamline Program Designed to Create Jobs

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century.

Please read the attachment for "EB-5 Stakeholder QAs".

 U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:

• E-Verify
• Immigrant Investor (EB-5) Pilot Program
• Special immigrant visa category for non-minister special immigrant religious workers
• The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.

Program Details

USCIS created a new controversy in the EB-5 immigrant investor world when it released a memorandum on February 17, 2012, concerning what it calls the “tenant-occupancy” economic methodology. On May 8, 2012, USCIS provided guidance on what deference it would give prior EB-5 adjudications that involved tenant-occupancy issues:

Please click here for the Guidance 

• USCIS policy memorandum provide guidance for adjudicating EB-5 applications and petitions, addressing important issues like the preponderance of evidence standard, definition of “capital,” amount of capital that must be invested, definition of “targeted employment area” and more.
• Please check attachment to read policy memo.

Each month, the Visa Office subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and CIS Offices, grouped by foreign state chargeability, preference category, and priority date. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000 ap

Published by: The Economic Times -  May 27, 2025

https://economictimes.indiatimes.com/nri/migrate/indian-parents-face-un…

Quotes and Excerpts from Rajiv in the article:

The U.S. Securities and Exchange Commission’s Office of Investor Education and Advocacy and U.S. Citizenship and Immigration Services are jointly issuing this Investor Alert to warn individual investors about fraudulent investment scams that exploit the Immigrant Investor Program, also known as “EB-5.”

One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.