EB-5 Policy Memo Deserves an “A” – The Dawn of a New Era in EB-5 Adjudications
"After lengthy review, USCIS issued its long-awaited new EB-5 Policy Memorandum on May 30, 2013.
In our December 2012 blog we:
1) Pointed out the need for predictability, including providing opportunity for comment before adopting new positions. USCIS gets an “A” here.
2) Asked for a “binding preapproval process that includes robust deference to previously acceptable positions.” “A+”.
3) Asked for “clarity on counting construction phase jobs”. We received an answer to this request but not the right one. Grade “C”.