USCIS releases draft EB-5 adjudication guidance

[Source: USCIS]

USCIS seeks your input on the draft policy memoranda listed below.

EB-5 Adjudications Policy Memorandum

Draft policy memoranda for comment are posted in the Feedback Opportunities page of uscis.gov, where stakeholders will be able to submit comments.These memos are drafts of proposed or revised guidance to USCIS Field Offices and Service Centers. They are not intended as guidance for the general public, nor are they intended to create binding legal requirements on the public. Until issued in final form, the draft memos do not constitute agency policy in any way or for any purpose.

Comment Process:  Please email all comments to opefeedback@uscis.dhs.gov.   Please include the following to make your comments clear:

• State the title of the relevant memo in the subject line of your message;
• Refer to a specific portion of the memo; 
• Explain the reason for any recommended change; and 
• Include data, information, or authority that supports the recommendation.

You must submit your comments before the closing date noted in the red box at the top of each policy memorandum. USCIS may distribute any comments received (including any personal information and contact information) on its public website or to those who request copies. By providing comments, you consent to their use and consideration by USCIS, and you acknowledge that your comments may become public. USCIS cannot guarantee that it will acknowledge or respond to any comments submitted.

See the Feedback Updates (also linked to the left) for the status of all policy memos and links to published memos.

Background and Additional Legal Information:  Field guidance documents are available for public review on USCIS's website (www.uscis.gov) as part of the Adjudicator's Field Manual (AFM).  In a continued effort to promote transparency and consistency in our operations, USCIS will periodically post policy memos for public comment to assist USCIS in improving immigration services.  USCIS will not post memos containing information that is law enforcement sensitive, confidential or otherwise protected from disclosure under the Freedom of Information Act.  USCIS is not required to solicit public comment on the draft policy memos under the Administrative Procedure Act. This informal comment process does not replace any statutory or other legal requirement for public comment on agency action.