USCIS Guidance on EB-5 Job Creation Requirement and Sustainment of the Investment

USCIS issued a draft policy memo for EB-5 adjudication of Form I-526 and Form I-829 regarding the job creation requirement, and the requirement to sustain the investment during the conditional residence period. Comments are due by 9/8/15.

Dear Stakeholder,

USCIS has posted the following draft policy memorandum for your review:

Comment Process: Please email all comments to by Tuesday, September 8, 2015. Please include the following to make your comments clear:

  • State the title of the relevant memo in the subject line of your message;
  • Refer to a specific portion of the memo;
  • Explain the reason for any recommended change; and
  • Include data, information, or authority that supports the recommendation.

For complete information on the comment process, visit the Feedback Opportunities section of

If you are unable to access the memorandum through the links provided above, please do the following:

  1. Go to
  2. Select "Feedback Opportunities" on the left side of the page

Kind Regards,
USCIS Public Engagement Division

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Cite as AILA Doc. No. 15081063.

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