Earlier this month, U.S. Citizenship and Immigration Services (USCIS) published an updated version of the USCIS Policy Manual to provide further guidance regarding the job creation and capital at risk requirements for Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. Volume 6 (Immigrants), Part G: Investors.
As a reminder USCIS is seeking industry input on the updated version of the Policy Manual and EB-5 stakeholders have until this Wednesday June 28, 2017 to provide comments to USCIS. Please send all comments to publicengagementfeedback@uscis.dhs.gov.
Policy Highlights:
- An investor must continue to be eligible for the EB-5 visa classification throughout the adjudication of his or her Form I-526 and until he or she obtains conditional permanent resident status by making an investment that remains “at risk.”
- An investor must also sustain his or her investment “at risk” throughout the 2-year period of conditional permanent residence to be eligible for removal of conditions on his or her permanent resident status
- Further deployment of an investor’s capital may be used to meet the capital at risk requirement under certain circumstances
