EB5 Investors: USCIS Launches New $20K Fee for EB-5 Regional Centers, Managing Partner Bernie Wolfsdorf Responds

3 Things We Like, and 3 Things We Don’t Like, About USCIS’ New EB-5 Guidance

By:  Bernard Wolfsdorf and Joseph Barnett Yesterday USCIS released new guidance on the EB-5 Visa which updates the adjudication policy on issues related to Form I-526 and Form I-829 petitions.  In particular, the new guidance attempted to clarify the “at risk” requirements for Form I-526 approval and the “sustainment” requirement for Form I-829 approval.  We blogged on the specifics yesterday, and now we’ve had time to digest the changes. Here are 3 things we like, and 3 things we don’t like, about USCIS’ new guidance: Things We Like USCIS Policy Now Consistent with EB-5 Regulations. Applicable regulations indicate that a Form I-829 must be accompanied by evidence that the EB-5 investor “in good faith, substantially met the capital investment requirement of the statute and continuously maintained his or her capital investment over the two years of conditional residence.”  USCIS has now clarified its policy to be consistent with the regulations:  “The sustainment period is the investor’s 2 years of conditional permanent resident status. USCIS reviews the investor’s evidence to ensure sustainment of the investment for 2 years from the date the investor obtained conditional permanent residence. An investor does not need to maintain his or her investment beyond the sustainment period.” USCIS Shows Understanding of Reality of […]