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.
Foreign nationals may seek an immigrant visa under the regional center program to comply with the job creation requirement under section 203(b)(5) of the Immigration and Nationality Act (INA) by establishing “reasonable methodologies for determining the number of jobs created by the program, including such jobs which are estimated to have been created indirectly…” USCIS has determined that tenant-occupancy methodologies result in a connection or nexus between the investment and jobs that is too tenuous. Therefore, USCIS no longer considers this methodology to be reasonable or a valid forecasting tool under the regulations.
USCIS will continue to give deference to Form I-526 and Form I-829 petitions directly related to previously approved projects, absent material change, fraud or misrepresentation, or legal deficiency of the prior determination. 1 Except for cases involving deference, this update is controlling and supersedes any prior guidance on this topic.
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Adjustment of Status Interview Guidelines and Waiver Criteria
USCIS is also updating guidance regarding adjustment of status interview guidelines and interview waivers by:
- Clarifying that we will interview all adjustment of status applicants unless we waive the interview;
- Removing employment-based and fiancé(e)-based adjustment cases from the list of types of adjustment of status cases in which we might waive the interview; and
- Editing the guidance on relocating cases for adjustment interviews to be consistent with the updated list of cases in which we might waive the interview.
- This update will improve the detection of fraud, misrepresentation, and risk of harm to the United States, as well as provide additional identity, eligibility, and credibility verification.
