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USCIS Policy Alert: EB-5 Reform and Integrity Act of 2022

October 07, 2022 (1 min read)

USCIS, Oct. 6, 2022

"U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022. ...

Policy Highlights • Incorporates changes to investment amounts and targeted employment area definitions, as well as new definitions for infrastructure projects, capital, and new commercial enterprise resulting from the EB-5 Reform and Integrity Act of 2022 for petitions filed on or after March 15, 2022. • Aligns USCIS policy on further deployment with the new statute.  * Explains that, by statute, for petitions filed on or after March 15, 2022, investors pooling their investments with other EB-5 investors must do so through the Regional Center Program. • Reflects the statutory requirement that, on or after May 14, 2022,2 investors may only file new regional center-based petitions (Immigrant Petition by Regional Center Investor (Form I-526E)) once the regional center has filed an Application for Approval of an Investment in a Commercial Enterprise (Form I-956F) and that a specified percent of the claimed jobs must be direct jobs, which can be estimated by economically and statistically valid methodologies. In addition, indirect jobs may include those estimated to be created under a methodology that attributes jobs to prospective tenants provided they are not relocated existing jobs. • Incorporates new statutory provisions for redemption provisions and lawful source of funds for petitions filed on or after May 14, 2022. • Incorporates statutory changes permitting concurrent filing for adjustment of status, priority date retention, and eligibility for the INA 245(k) exemption. • Revises the name of the Form I-526 from Immigrant Petition by Alien Entrepreneur to Immigrant Petition by Standalone Investor and adds references to the Immigrant Petition by Regional Center Investor (Form I-526E). ..."