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USCIS issued a guidance memorandum that provides USCIS adjudication officers with instructions related to the timing of job creation and the meaning of “full-time” positions in the EB-5 Immigrant Investor Program.

The guidance memorandum update to the Adjudicator’s Field Manual (AFM), clarifies that for purposes of the Immigrant Petition by Alien Entrepreneur (Form I-526) adjudication and the job creation requirements, USCIS will consider the two-year period to begin six months after the adjudication of the Form I-526.

For details check the attachment.

Rajiv S. Khanna, Managing Attorney at Immigration.com, recently joined Neil Ghai and Prachi Verma on the Morning Brief Podcast by the ET Bureau. Alongside Sukanya Raman, Country Head of Davies & Associates, and David Lesperance, Managing Director of Lesperance & Associates, Mr. Khanna discussed the sharp contrasts between the established EB-5 visa program and Donald Trump's 'Gold Card' immigration policy.

Release Date 

12/19/2022

U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.

This presentation is intended to provide a guide for discussion at the stakeholders’ meeting and to explain current USCIS policy and practice. It is not intended to be an official statement of USCIS policy, and does not supersede any existing statutes, regulations, or policy memoranda.

Release Date 

01/04/2023

USCIS has published Form I-956K, Registration for Direct and Third-Party Promoters. The EB-5 Reform and Integrity Act of 2022 added the requirement for direct and third-party promoters to register with USCIS.

Each person acting as a direct or third-party promoter (including migration agents) of the following must complete Form I-956K:

Release Date 

07/18/2023

U.S. Citizenship and Immigration Services (USCIS) today announced it would update its visa availability approach for managing the inventory of Form I-526, Immigrant Petition by Alien Investor, to promote greater efficiency.

Release Date 

02/14/2023

WASHINGTON—U.S. Citizenship and Immigration Services has issued guidance in the USCIS Policy Manual to update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA).

Release Date 

03/01/2023

Beginning March 15, USCIS is removing the biometrics submission requirement and $85 fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor. Petitioners no longer need to submit the fee for biometrics services with their Form I-526E.

Published by: The Economic Times: March 24, 2023

https://economictimes.indiatimes.com/nri/migrate/us-eb-2-visa-retrogres…

Quotes and Excerpts from Rajiv in the article:

Release Date 

10/11/2023

USCIS is providing additional guidance on the interpretation of changes to the EB-5 program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA), specifically the required investment timeframe and how USCIS treats investors who are associated with a terminated regional center.

USCIS is updating the USCIS Policy Manual with new guidance on the EB-5 Regional Center Program and new content on regional center designation and obligations, project applications, and direct and third-party promoters.  

This update incorporates changes from the EB-5 Reform and Integrity Act of 2022 into the Policy Manual, building on the initial update that incorporated such changes on Oct. 6, 2022.   

USCIS draft Policy Memo On EB-5 Adjudications addressing certain foundational issues in the EB-5 program. This draft memo is a work in progress and is not operative until it is published and in final form.

Please check the attachment.

USCIS draft policy memo addressing certain foundational issues in the EB-5 Program. This page includes the original draft memo and subsequent revisions.

The “tenant-occupancy” methodology seeks credit for job creation by independent tenant businesses that lease space in buildings developed with EB-5 funding. USCIS continues to recognize that whether it is economically reasonable to attribute such “tenant-occupancy” jobs to the underlying EB-5 commercial real estate project is a fact-specific question. Each case filed will depend on the specific facts presented and the accompanying economic analysis.