Blog by Pasricha & Patel, LLC

USCIS Updates Its Policy Manual to Clarify EB-5 Immigrant Investor Rule Regarding Tenant Occupancy, as well as An Update About Its Adjustment of Status Interview Guidelines

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Pasricha & Patel

USCIS has updated its Policy Manual to say that some EB-5 Immigrant Investor cases that had previously relied on tenant-occupancy methodologies to show their capital created, or will create, 10 indirect jobs are no longer acceptable because this particular methodology is no longer considered a reliable tool to forecast future indirect job creation through tenant occupants. To be sure, this particular methodology was already facing the practical issue of whether the USCIS would even accept such type of methodology in the first place. And now the USCIS has simply formalized such doubts by disallowing such a practice altogether.

USCIS has also clarified that it will interview ALL adjustment of status applicants, unless the USCIS formally waived such an interview. USCIS did not say what particular criteria it would consider to waive such interviews. To be clear, USCIS did already announce last August 2017 that it was conducting adjustment of status interviews for all employment-based immigrant petitions, as well as for refugee/asylee relative petitions. This is just an updated clarification on that announcement.

And should our readers have any further questions about this policy manual update, the reader can certainly contact our office for further consultation.