Earlier this week, U.S. Citizenship and Immigration Services (USCIS) published a draft version of the USCIS Policy Manual Volume 6, Part G, which provides EB-5 policy guidance regarding the eligibility requirements for Regional Centers and immigrant investors. The guidance contained in Volume 6, Part G of the Policy Manual consolidates and replaces the policy guidance found in USCIS Adjudicator’s Field Manual (AFM), AFM appendices and policy memoranda. In addition, the guidance is controlling and supersedes any related prior USCIS guidance.
The effective date for the policy was November 30, 2016 however, EB-5 stakeholders have until December 14, 2016 to provide comments. Please send all comments to publicengagementfeedback@uscis.dhs.gov
Policy Highlights
- Addresses the requirements for a Regional Center and non-Regional Center associated Immigrant Petition by Alien Entrepreneur (Form I-526).
- Describes the different types of Regional Center projects, including hypothetical projects and actual projects (including actual projects submitted with an exemplar immigrant investor petition).
Member Perspective
IIUSA members Bernard Wolfsdorf and Joseph Barnett of Wolfsdorf Rosenthal LLP co-authored a summary blog post titled “Five Important Points from the New EB-5 Policy Manual”. To read it, click here.