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

The 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.

The 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, or Form I-526E, Immigrant Petition by Regional Center Investor, where a visa is immediately available;

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

• 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 information about EB-5 reform, please review the EB-5 Questions and Answers: EB-5 Reform and Integrity Act of 2022 page.

Please contact one of our attorneys for assistance or further information.

Source: USCIS alert | Link to Policy Guidance