Sunday, June 21, 2009
USCIS LIBERALIZES EB-5 JOB CREATION RULES
USCIS Acting Associate Director for Domestic Operations Michael Neufeld has released a memorandum announcing modifications to the Adjudicators Field Manual regarding the EB-5 job creation requirement. The key charges are the following:
For purposes of the Form I-526 adjudication and the job creation requirements, USCIS will deem the two-year period described in 8 C.F.R. § 204.6(j)(4)(i)(B) to commence six months after the adjudication of the Form I-526. USCIS officers should ensure that the business plan filed with the Form I-526 reasonably demonstrates that the requisite number of jobs will be created by the end of this two-year period.
For Regional Center petitions and for purposes of indirect job creation, USCIS officers may consider economic models that rely on certain variables to show job creation and the amount of investment to determine whether the required infusion of capital or creation of direct jobs will result in a certain number of indirect jobs.
USCIS also has concluded that direct and indirect construction jobs that are created by the petitioner’s investment and that are expected to last at least 2 years may now count as permanent jobs for Form I-526 and I-829 purposes.
# posted by Greg Siskind @ 7:29 PM
Comments:
Post a Comment
XML newsfeed
archives
For purposes of the Form I-526 adjudication and the job creation requirements, USCIS will deem the two-year period described in 8 C.F.R. § 204.6(j)(4)(i)(B) to commence six months after the adjudication of the Form I-526. USCIS officers should ensure that the business plan filed with the Form I-526 reasonably demonstrates that the requisite number of jobs will be created by the end of this two-year period.
For Regional Center petitions and for purposes of indirect job creation, USCIS officers may consider economic models that rely on certain variables to show job creation and the amount of investment to determine whether the required infusion of capital or creation of direct jobs will result in a certain number of indirect jobs.
USCIS also has concluded that direct and indirect construction jobs that are created by the petitioner’s investment and that are expected to last at least 2 years may now count as permanent jobs for Form I-526 and I-829 purposes.
# posted by Greg Siskind @ 7:29 PM
