U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual based on the vacatur of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022.
Policy highlights include:
• Removing the provisions found in the EB-5 Modernization Rule that a federal court vacated on June 22, 2021;
• Adding that an applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with, or subsequent to, a Form I-526, Immigrant Petition by Standalone Investor, where a visa is immediately available;
• Revising the investment amounts and targeted employment area designation process; and
• Updating the name of Form I-526 throughout Volumes 7 and 8 from its former name (Immigrant Petition by Alien Entrepreneur) to the current name (Immigrant Petition by Standalone Investor) and adding references to Form I-526E, Immigrant Petition by a Regional Center Investor.
For more information about EB-5 reform, please see the EB-5 Questions and Answers: EB-5 Reform and Integrity Act of 2022 (updated April 2022) page.