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USCIS Releases New Memorandum on EB-5 Adjudications

Posted: June 12th, 2013 | Author: | Filed under: Investor Visas | Tags: , , , | 3 Comments »

Investor Visas

USCIS released a memorandum on EB-5 Investor Visa adjudications recently which reviews many important points about the program and provides updates on certain procedures.

The EB-5 program will be 23 years old this year.  Congress passed it to create an incentive for wealthy foreigners to invest and create jobs in the US.  Investors contribute $1 million dollars or more and are placed in conditional permanent (Green Card) resident status for 2 years.  If, at the end of 2 years, the immigrant-investor meets the requirements of the EB-5 program, they can obtain unconditional lawful permanent resident status.

In 1993 Congress amended the law to allow for Regional Centers.  These are investment projects where immigrants can pool their money and the center is responsible for creating the jobs.

USCIS adjudicates EB-5 cases according to the preponderance of evidence standard of proof.  As opposed to the “clear and convincing” and “beyond a reasonable doubt” standards that apply in other legal matters, preponderance of evidence merely requires that the applicant show that what they claim is more likely to be so than not so.  If the applicant submits enough evidence to prove that what they claim is more likely than not or probably true, then they will satisfy the standard of proof.

There are 3 elements of the EB-5 program:

  1. The immigrant invests capital (must be acquired lawfully and can include equipment, other property, and promissory notes.  The amount must be no less than $1,000,000 – or $500,000 in “Targeted Employment Areas” – and must be invested in a single commercial enterprise)
  2. A new commercial enterprise (must be a commercial enterprise that was established or restructured after 1990)
  3. The creation of US jobs (the investment must lead to at least 10 new US jobs)

Every step must be documented and requires a preponderance of evidence in order to be met satisfactorily.

USCIS also has forms that need to be filled out:

  • Form I-526 must be filed with the evidence documenting the immigrant’s investment in a new commercial enterprise.
  • If the immigrant wishes to invest in a regional center, that regional center must be approved.  Part of the approval includes filing Form I-924 together with supporting evidence

Read the entire USCIS Memo on EB-5 Adjudication by clicking the link.

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Written by Chris Jaensch

Chris Jaensch

Attorney P. Christopher Jaensch received a Bachelor of Arts degree in History in 1992 and a Juris Doctor degree in 1995 from the University of Florida. While at UF, he was a member of Sigma Chi Fraternity, Phi Beta Kappa Society and Florida Blue Key, the oldest and most prestigious leadership honorary in the state of Florida.

Mr. Jaensch is a member of the Florida Bar, the American Immigration Lawyers Association (AILA) and the Sarasota Bar Association. He has served as President of the Sarasota-Manatee International Trade Club and served as Regional Vice Chair, Tampa Bay, for the Central Florida Chapter of AILA. He was a member of City of Sarasota Charter Review Committee and has been active in several local organizations, including the influential Laurel Park Neighborhood Association in downtown Sarasota.

Mr. Jaensch has over 18 years of experience in the field of immigration and nationality law and focuses his practice on four primary categories (a) investors and entrepreneurs, (b) business executives, managers and professionals, (c) amateur and professional athletes and coaches and (d) performing artists and immigrants with extraordinary ability.


3 Comments on “USCIS Releases New Memorandum on EB-5 Adjudications”

  1. 1 Immigration Sarasota » Blog Archive » New Business for Sale May Help Investor Qualify for EB-5 Visa said at 10:00 am on July 17th, 2013:

    […] Latest USCIS Memorandum on the EB-5 Visa  […]

  2. 2 Immigration Sarasota » Blog Archive » Immigration Attorney Learns of New Model for EB-5 Investor Visas said at 8:00 am on August 6th, 2013:

    […] EB-5 Investor Visas are granted to those who invest $1 million or $500,000 in an existing commercial enterprise and create 10 new US jobs.  The difference in the investment amount depends on whether the enterprise is located in an area of high unemployment.  For a full blog post on the requirements please see our previous blog post on EB-5 Investor Visas. […]

  3. 3 Immigration Sarasota » Blog Archive » Tampa Bay Business Broker Edward Valaitis Assists E-2 and EB-5 Investors said at 8:16 am on January 30th, 2014:

    […] Read the latest USCIS memorandum on EB-5 adjudications<http://immigrationsarasota.com/uscis-releases-new-memorandum-on-eb-5-adjudications/&gt;. […]


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