We have received two interesting B-2 extensions. It has been my view that under certain circumstances B-2 can and should be permitted by USCIS to be used even where the applicant has an immigrant intent or is otherwise staying longer than usual in USA. Apparently, USCIS agrees.
USCIS issued a guidance memorandum that provides USCIS adjudication officers with instructions related to the timing of job creation and the meaning of “full-time” positions in the EB-5 Immigrant Investor Program.
The guidance memorandum update to the Adjudicator’s Field Manual (AFM), clarifies that for purposes of the Immigrant Petition by Alien Entrepreneur (Form I-526) adjudication and the job creation requirements, USCIS will consider the two-year period to begin six months after the adjudication of the Form I-526.
For details check the attachment.