has published online a question-and-answer document addressing some changes to
the EB-5 program including priority date retention, Targeted Employment Areas,
and removal of conditions on permanent residence. EB-5 expert Suzanne Lazicki
points out that some of this TEA guidance has not been provided up till now.
EB5 Green Card investors who filed an I-526 petition on or after November 21, 2019, may keep the priority date from a previously approved application, subject to conditions.
a request to USCIS along with a copy of the approval notice (Form I-797) for
the previously approved I-526.
you may invest the amount required at the time of filing.
EB5 green card investors must show the commitment of the required amount of EB5 investment capital, but do not have to have invested the full amount if they are actively in the process of doing so.
You must be eligible according to the TEA requirements at the time of filing for your Green Card by investment.
USCIS requires evidence to be both reliable and verifiable. Data from the Census Bureau through the American Community Survey (ACS) and the Department of Labor’s Bureau of Labor Statistics (BLS) both meet those requirements. Whatever source is used, there should be consistency. For example, if ACS data was used for TEA, ACS data should be used for the national unemployment rate.
following could be submitted: location of the NCE, or Job Creating Enterprise
(if applicable), a map with the census tracts being used, the underlying calculations
for the weighted average of unemployment rate, reliable and verifiable data.
There should be a consistency with both the TEA and the unemployment rate used for comparison.
can only file on a single application if the principal investor is deceased;
otherwise, each family member must file a separate Form I-829.
if they pay the biometric fee and are eligible under derivative requirements.
Good EB5 news, as the answer is yes.
Read the USCIS release
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