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:

Volume 6, Part G: Investors

  • 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.

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Cite as AILA Doc. No. 19110600.

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