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EB-5 Tenant Occupancy Change

May 17, 2018 by Thomas Geygan

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.

Downloads

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    EB-5 E-Book

    The EB-5 immigrant investor visa has many benefits for the investor and the investor’s immediate family not found elsewhere. This program grants you, and your immediate family members, residence in the United States faster than any other program and without being subjected to the whims of others. This program allows you to utilize the EB-5 investment as either your primary investment or as one in your portfolio of investments. You may be engaged in the day-to-day operations of the investment, or you have the option to manage through policy formulations. This grants a greater degree of freedom than the E-2 visa.

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Filed Under: Green Card

Client Resources

May 15, 2017

 

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