The public interest is well served by the flexibility granted to EB-5 investors and their American partners to operate and make investment decisions within the parameters of the program. United States Citizenship and Immigration Services (USCIS) should be cautious creating rules that may disturb that discretion by placing undue requirements on investors.
The Niskanen Center applauds USCIS for providing guidance on how they will handle EB-5 retrogression, especially for only requiring that investments be sustained two years under conditional permanent residence and for allowing job creating enterprises to be liquidated after the job creation requirement is satisfied. However, Niskanen suggests the agency modify its new policies to stay within its authorized purview, make clearer ambiguous provisions, and remove undue restrictions on investors.