[Source:
H. Ronald Klasko, Esq.]
USCIS issued its third draft EB-5 policy memorandum
on February 14, 2013. It is open for public comment through April 1,
2013.
While
the draft policy memorandum technically does not
establish USCIS binding policy, it is a window into its present thinking on
various subjects relating to EB-5 adjudications.
This
alert will discuss the highlights of the draft policy memorandum in terms of
either new policies or clarifications of previously unclear policies. It
is not meant to be a summary of the entire memorandum, most of which merely
restates existing law and policy.
It is important to note initially
that the memorandum is not an exhaustive memorandum in that it does not cover
most aspects of I-924 adjudications, including adjudications of EB-5 projects.
For example, it makes no reference to use of EB-5 money to pay back
bridge financing; whether EB-5 loans can be paid back to a new commercial
enterprise before conditions are removed; whether direct employees of the
job-creating entity (indirect employees of the new commercial enterprise) must
be “qualifying employees”; etc...
To view the Draft of the USCIS EB-5 Policy Memorandum - READ ORIGINAL MEMO HERE
For more
information on the USCIS EB-5 Immigration Investor program and investment
options,
2815 Monroe
Avenue, Suite 2100
Rochester, New
York 14618
Tel: (866)
763-6515
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