Federal Agencies, Agency Memos & Announcements
USCIS Issues Policy Alert on EB-5 Modernization Final Rule
USCIS is revising its policy guidance in the USCIS Policy Manual to align with the EB-5 Immigrant Investor Program Modernization Final Rule, published on July 24, 2019, and effective November 21, 2019.
Policy highlights:
- Updates the minimum investment amounts to $1.8 million standard and $900,000 in a TEA for petitions filed on or after the effective date.
- Clarifies the definition of rural.
- Explains the new methodology for determining high unemployment areas for petitions filed on or after the effective date of the rule, including the removal of a state’s ability to designate certain geographic and political subdivisions as high-unemployment areas.
- Updates the guidance on engagement in the management of the new commercial enterprise, to list the new evidentiary requirements for that requirement.
- Adds a Priority Dates section explaining that the priority date of a previously approved immigrant investor petition may generally apply to any subsequent immigrant investor petition filed on or after November 21, 2019.
- Clarifies that certain changes to comply with securities laws are not material.
Volume 7, Part A: Adjustment of Status Policies and Procedures
- Adds to the Priority Dates section that the priority date of a previously approved immigrant investor petition may generally apply to any subsequent immigrant investor petition filed on or after November 21, 2019.
- Clarifies when the priority date may not be retained or conferred to any subsequently filed immigrant investor petition.
Cite as AILA Doc. No. 19110600.