USCIS has issued policy guidance related to an EB-5 modernization rule on immigrant investors that a federal court set aside on June 22, 2021.
The most prominent highlights in the guidance are as follows:
- The policy guidance removes vacated regulations within the EB-5 Modernization Rule.
- Modifies the process for designating targeted employment areas and investment amounts.
- Adds that if a visa is immediately available, an applicant can file an Application to Register Permanent Residence or Adjust Status aka Form I-485 concomitantly with or after an Immigrant Petition by Standalone Investor (Form I-526) or an Immigrant Petition by Regional Center Investor (Form I-526E).
- Changes the name of Form I-526 throughout Volumes 7 and 8, and the current name becomes Immigrant Petition by Stand Alone Investor. The former name was Immigrant Petition by Alien Entrepreneur. The policy guidance also adds references to Form I-526E, Immigrant Petition by a Regional Center Investor.
We will keep on posting regarding the details.
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