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USCIS changes "at risk" requirements for EB-5 investor visas

  1. Date Announced

    June 14, 2017

    USCIS updates its Policy Manual to provide guidance regarding the job creation and capital at risk requirements for Form I-526, Immigrant Petition by Alien Entrepreneur, and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. Policy highlights: 1. An investor must continue to be eligible for the EB-5 visa classification throughout the adjudication of his or her Form I-526 and until he or she obtains conditional permanent resident status by making an investment that remains “at risk.” 2. An investor must sustain his or her investment “at risk” throughout the 2-year period of conditional permanent residence to be eligible for removal of conditions on his or her permanent resident status. 3. Further deployment of an investor’s capital may be used to meet the capital at risk requirement under certain circumstances. [ID #575]

    View Policy Document
  2. Effective Date of Change

    June 14, 2017
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: USCIS

Prior Policies

  • USCIS published a draft memorandum in August 2015, Guidance on the Job Creation Requirement and Sustainment of the Investment for EB-5 Adjudication of Form I-526 and Form I-829. This Policy Manual update is effective upon publication and provides guidance on some of the issues raised in that draft memorandum and further clarifies guidance already published in the USCIS Policy Manual.

    2015 USCIS Memo

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