Tenant Occupancy for EB-5 Has Been Revised


Posted on 05/21/2018 by Mark A. Ivener, A Law Corporation

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United States Citizenship and Immigration Services (USCIS) has issued guidance decided that tenant-occupancy methodologies will no longer be used to prove job creation. The USCIS has these methodologies do not reasonably predict job creation, so will no longer be accepted. Tenant occupancy models will no longer be accepted as of May 15, 2018. I-526 and I-829 petitions related to previously approved projects may receive deference from USCIS.

The USCIS guidance is available here.

USCIS is also changing guidance on adjustment of status interview guidelines and interview waivers. The major changes are :

  1. Clarifying that all adjustment of status applicants will be interviewed, unless the interview is waived.
  2. Removing employment and fiancé(e)-based adjustment cases from the potential categories of applications that can have interviews waived
  3. Editing guidance on relocating cases for adjustment interviews to align with the updated list of cases that might receive interview waivers.

This update can be found here.

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