Thursday, May 31st, 2018

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”.

4)    Asked USCIS to “honor the position outlined in the