New EB-5 AA Decisions posted April 6, 2016 - Direct Investments

April 08, 2016

Download: MAR222016_01B7203.pdf

The Petitioner, an individual, seeks classification as an immigrant investor. See Immigration and Nationality Act (the Act) § 203(b)(5), 8 U.S.C. § 1153(b)(5). This EB-5 classification makes immigrant visas available to foreign nationals who invest the requisite amount of qualifying capital in a new commercial enterprise (NCE) that will benefit the United States economy and create at least 10 full-time positions for qualifying employees.

The Chief, Immigrant Investor Program, denied the petition, finding that the Petitioner had not: (1) established that his investment had created or would create the requisite 10 jobs; (2) placed his funds at risk; and (3) made a qualifying investment oflawfully obtained funds.

The matter is now before us on appeal. In his appeal, the Petitioner submits a brief, along with additional documentation, and states that (1) his investment created 10 full-time positions; and (2) he documented the lawful sources of his funds.

Upon de novo review, we will dismiss the appeal.

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