Guidance on the Job Creation Requirement and Sustainment of the Investment for EB-5 Adjudication of Form I-526 and Form I-829
Purpose
This policy memorandum (PM) builds upon prior policy guidance for adjudicating EB-5 applications and petitions regarding the job creation requirement, and the requirement to sustain the investment during the conditional residence period.
Scope
This PM is applicable to all U.S. Citizenship and Immigration Services (USCIS) employees. Prior guidance, to the extent that it does not conflict with this PM, remains valid unless and until rescinded.
Authorities
• Immigration and Nationality Act (INA) sections 203(b)(5) and 216A
• Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, Pub. L. No. 102-395, § 610, 106 Stat 1828, 1874 (1992)
• 8 C.F.R. §§ 103.2, 204.6 and 216.6 I.
Background
On August 23, 2014, the Department of State (DOS) announced that all visas for the EB-5 Program became unavailable for individuals born in mainland China for the remainder of fiscal year (FY) 2014. For the first time in the history of the EB-5 Program, the demand for visas exceeded availability. In anticipation of visa unavailability in FY 2015, USCIS provides clarification regarding two eligibility grounds that may be affected by visa retrogression: (1) job creation and (2) sustainment of the investment
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