USCIS Reconsiders EB-5 Geographic Regions

U.S. Citizenship and Immigration Services (USCIS) issued a memorandum on August 24, 2018, announcing that it is updating guidance in the USCIS Policy Manual regarding a regional center’s geographic area, requests to expand the geographic area, and how such requests affect the filing of Form I-526, Immigrant Petition by Alien Entrepreneur. USCIS said the updated policy guidance “is controlling and supersedes any prior guidance.”

USCIS said the updated policy guidance:

• Clarifies that USCIS reviews whether an economic methodology is reasonable to demonstrate that a regional center’s geographic area is limited, to include whether the multipliers and assumptions about a project’s geographic impact are reasonable.
• Explains that a regional center’s geographic area must be limited, contiguous, and consistent with the purpose of concentrating pooled investment in defined economic zones.
• Affirms that a Form I-924 amendment must be filed and approved to expand the regional center’s geographic area for requests made on or after February 22, 2017.
• Clarifies how USCIS adjudicates regional center-associated Form I-526 petitions where the regional center has requested an expansion of its geographic area.
• Explains that USCIS considers a change in regional center affiliation a material change in cases where the change takes place after Form I-526 has been filed.

https://millermayer.com/2018/uscis-reconsiders-eb-5-geographic-regions/

Mentions

• U.S. Citizenship and Immigration Services
• Miller Mayer LLP

States

• New York