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  • Writer's pictureIKS ESQ. LLC.

USCIS Issues Policy Guidance on the EB-5 Reform and Integrity Act of 2022

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual based on the vacatur of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022.

Policy highlights include:

  • Removing the provisions found in the EB-5 Modernization Rule that a federal court vacated on June 22, 2021;

  • Adding that an applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with, or subsequent to, a Form I-526, Immigrant Petition by Standalone Investor, where a visa is immediately available;

  • Revising the investment amounts and targeted employment area designation process; and

  • Updating the name of Form I-526 throughout Volumes 7 and 8 from its former name (Immigrant Petition by Alien Entrepreneur) to the current name (Immigrant Petition by Standalone Investor) and adding references to Form I-526E, Immigrant Petition by a Regional Center Investor.

For more information about EB-5 reform, please see the EB-5 Questions and Answers: EB-5 Reform and Integrity Act of 2022 (updated April 2022) page. What this means for our EB5 Investor Clients is that the last year's political pressure, court cases and rulings, are now being applied fully and are policies and guidelines in the USCIS Process.

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