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.
We have 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.
USCIS has determined that tenant-occupancy methodologies result in a connection or nexus between the investment and jobs that is too tenuous. Therefore, USCIS no longer considers this methodology to be reasonable or a valid forecasting tool under the regulations.
The Policy Alert is available here: here
