USCIS Policy Manual Updates

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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. USCIS has 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.

The Policy Alert is available here:

Visit the Policy Manual for Comment page for more information on stakeholder review and comment.

Adjustment of Status Interview Guidelines and Waiver Criteria

USCIS is also updating guidance regarding adjustment of status interview guidelines and interview waivers by:

  • Clarifying that USCIS will interview all adjustment of status applicants unless USCIS waive the interview;
  • Removing employment-based and fiancé(e)-based adjustment cases from the list of types of adjustment of status cases in which USCIS might waive the interview; and
  • Editing the guidance on relocating cases for adjustment interviews to be consistent with the updated list of cases in which USCIS might waive the interview.

This update will improve the detection of fraud, misrepresentation, and risk of harm to the United States, as well as provide additional identity, eligibility, and credibility verification.

The Policy Alert is available here:

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