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USCIS clarifies EB-5 eligibility of redemption agreement-financed investments

  1. Original Date Announced

    October 30, 2018

    USCIS revises its Policy Manual to describe when a redemption agreement is a debt arrangement that cannot form the basis of an EB-5 visa petition. The update states that such an agreement is a debt arrangement if the investor enters into the agreement knowing that they have a willing buyer at a certain time and at a certain price. [ID #534]

    USCIS Policy Alert (PA-2018-11): Immigrant Investors and Debt Arrangements
  2. Effective Date

    October 30, 2018

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS

Pre Trump-Era Policies

  • September 26, 2018 Requirements for Immigrant Investors to Obtain Visas excluded redemption agreements that provided for a return or partial return of investment upon demand by the investor were impermissible. The new guidance limits what may be considered a permissible redemption agreement that forms the basis for a visa application. Immigrant Investor Eligibility Requirements

Documents

Trump-Era Policy Documents

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