Policy Manual Update: USCIS to No Longer Accept Tenant-Occupancy Models for Filings

05.16.18 | Archived

Earlier today, the USCIS Policy Manual was updated revising previous guidance on EB-5 cases involving tenant occupancy. USICS has determined that tenant-occupancy job creation methodologies do not provide reasonable predictions of indirect job creation. As such USCIS will no longer be accepting tenant-occupancy models for filings after May 15, 2018. The full Policy Alert is available here:

Stay tuned for a detailed analysis.

EB-5 Tenant Occupancy

USCIS is revising guidance on immigrant investor (EB-5) cases involving tenant occupancy. Previously, the USCIS Policy Manual allowed for tenant-occupancy methodologies used by some petitioners to show their capital created, or will create, 10 indirect jobs. We have determined that these methodologies do not provide reasonable predictions of indirect job creation and are no longer considered reasonable methodologies to support economically or statistically valid forecasting tools.

USCIS will no longer accept tenant-occupancy models for 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 here: Volume 6: Immigrants, Part G, Investors, Chapter 2, Eligibility Requirements (Final date for comments: May 29, 2018)

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