EB-5 Program Changes Integrated into USCIS Policy Manual

The US Citizenship and Immigration Services (USCIS) integrated changes to its policy manual to include modifications introduced by the passage of the EB-5 Reform and Integrity Act of 2022. This law changed the general eligibility requirements for EB-5 visas, reformed the Regional Center Program, and added new integrity provisions. The changes introduced by this law supersede any related prior guidance.

Notable Changes

Here is a closer look of the updates:

  • Updated investment amounts and targeted employment area definitions.
  • Alignment of USCIS policies for the deployment of the new statute.
  • Petitions filed on or after March 15, 2022 must be done through the Regional Center Program.
  • On or after May 14, 2022, investors may only file new regional center-based petitions.
  • New statutory provisions for redemption provisions and lawful source of funds for petitions filed on or after May 14, 2022.
  • Concurrent filing for adjustment of status, priority date retention, and eligibility for the INA 245(k) exemption.
  • Form I-526 now called “Immigrant Petition by Standalone Investor”

If you have questions regarding any of these matters, feel free to ask our EB-2 visa lawyers.

Closing

The USCIS regularly changes its policies and practices. Our experts at ALG Lawyers ensure that clients will not miss the latest information about laws and regulations possibly affecting their applications.

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)