USCIS Reconsiders EB-5 Geographic Regions

U.S. Citizenship and Immigration Services (USCIS) issued a memorandum on August 24, 2018, announcing that it is updating guidance in the USCIS Policy Manual regarding a regional center’s geographic area, requests to expand the geographic area, and how such requests affect the filing of Form I-526, Immigrant Petition by Alien Entrepreneur. USCIS said the updated policy guidance “is controlling and supersedes any prior guidance.”

USCIS said the updated policy guidance:

  • Clarifies that USCIS reviews whether an economic methodology is reasonable to demonstrate that a regional center’s geographic area is limited, to include whether the multipliers and assumptions about a project’s geographic impact are reasonable.
  • Explains that a regional center’s geographic area must be limited, contiguous, and consistent with the purpose of concentrating pooled investment in defined economic zones.
  • Affirms that a Form I-924 amendment must be filed and approved to expand the regional center’s geographic area for requests made on or after February 22, 2017.
  • Clarifies how USCIS adjudicates regional center-associated Form I-526 petitions where the regional center has requested an expansion of its geographic area.
  • Explains that USCIS considers a change in regional center affiliation a material change in cases where the change takes place after Form I-526 has been filed.

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2018-09-06T15:53:44+00:00 September 6th, 2018|