Tenant Occupancy: What the Reform Act allows

The EB-5 Reform and Integrity Act of 2022 (RIA) allows for job creation through tenant occupancy. This means that new jobs created by tenants of a commercial real estate investment project under the condition that the jobs are actual new hires and not previously hired employees who have been transferred to the new project.

While tenant occupancy was accepted by USCIS historically, on May 15, 2018, the agency updated its policy to no longer consider tenant occupancy valid for EB-5 job creation.

The RIA once again restores tenant occupancy as a viable source of job creation, a benefit for commercial real estate projects.

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