USCIS is revising guidance on immigrant investor (EB-5) cases involving tenant occupancy.
Previously, the USCIS Policy Manual allowed for tenant-occupancy methodologies to be used by petitioners to show that their capital created, or will create, 10 indirect jobs. The USCIS stated that they have determined that these methodologies do not provide reasonable predictions of indirect job creation and are no longer considered as reasonable methodologies to support economically or statistically valid forecasting tools.
USCIS will not accept tenant-occupancy models for Immigrant Investor Visa filings on or after May 15, 2018. USCIS will continue to give deference to Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, when directly related to previously approved projects, absent material change, fraud or misrepresentation, or legal deficiency of the prior determination.
The Policy Alert is available under Volume 6: Immigrants, Part G, Investors, Chapter 2, Eligibility Requirements (PDF) (Final date for comments: May 29, 2018)
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