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Original Date Announced
July 24, 2020USCIS issues new guidance in its manual explaining the deployment of capital requirement for EB-5 visas. This guidance builds on a June 14, 2017 Policy Manual update to clarify the requirements for deployment of capital. [ID #1027]
USCIS policy alert re deployment of capital requirement for EB-5Effective Date
July 24, 2020Subsequent Trump-Era and Court Action(s)
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March 2, 2021
Civitas Massachusetts et al. v. Mayorkas_Complaint
On March 2, 2021, a number of businesses that work with foreign investors seeking visas through the EB-5 program sued the federal government in D.C. federal court to block this policy. The plaintiffs allege that the policy is unlawful, arbitrary & capricious, and should have gone through notice and comment. The case is Civitas Massachusetts et al. v. Mayorkas, No. 21-cv-10344 (D.D.C. March 2, 2021).
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Action: Agency DirectiveSubject Matter: Immigrant Visas: Employment-BasedAgencies Affected: USCISPre Trump-Era Policies
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June 14, 2017
This guidance provides further guidance regarding the job creation and capital at risk requirements for Form I526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
2017.06.14 USCIS Policy Alert: Job Creation and Capital At Risk Requirements for Adjudication of Form I-526 and Form I-829