USCIS Policy Manual Updates




EB-5 Tenant Occupancy



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.



The Policy Alert is available here:




  • href="https://www.uscis.gov/policymanual/Updates/20180515-EB5TenantOccupancyMethodology.pdf"
    >
    Volume 6: Immigrants, Part G, Investors, Chapter 2, Eligibility
    Requirements (PDF)

    (Final date for comments: May 29, 2018)



Visit the
href="http://www.uscis.gov/outreach/feedback-opportunities/policy-manual-comment"
>
Policy Manual for Comment

page for more information on stakeholder review and comment.



Adjustment of Status Interview Guidelines and Waiver Criteria



USCIS is also updating guidance regarding
href="https://www.uscis.gov/news/news-releases/uscis-to-expand-in-person-interview-requirements-for-certain-permanent-residency-applicants"
>
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.



The Policy Alert is available here:




  • href="https://www.uscis.gov/policymanual/Updates/20180515-AdjustmentInterview.pdf"
    >
    Volume 7: Adjustment of Status, Part A, Adjustment of Status
    Policies and Procedures, Chapter 5, Interview Guidelines (PDF)

    (Final date for comments: May 29, 2018)



Visit the
href="http://www.uscis.gov/outreach/feedback-opportunities/policy-manual-comment"
>
Policy Manual for Comment

page for more information on stakeholder review and comment.





Last Reviewed/Updated: