Skip to main content
The Messersmith Law Firm, P.A. U.S. Investor and Business Immigration Law

EB-5 USCIS Authority

USCIS Policy Manual: EB-5 Immigrant Investors

Use current USCIS policy for post-RIA investor eligibility, regional centers, project filings, investment, job creation, source of funds, sustainment, and removal of conditions.

Legal guide Reviewed by Peter Messersmith Reviewed September 13, 2026 Primary sources linked below
Authority USCIS policy guidance
Location Volume 6, Part G
Program EB-5 immigrant investors

What the governing framework requires

USCIS places its current EB-5 immigrant investor guidance in Volume 6, Part G of the USCIS Policy Manual. The manual incorporates post-2022 reforms and addresses immigrant petition eligibility, regional centers, project applications, program integrity, good-faith investors affected by certain noncompliance, source and path of funds, job creation, sustainment, and removal of conditions.

The Policy Manual explains USCIS's current EB-5 framework

Volume 6, Part G is particularly important because EB-5 underwent major statutory changes in 2022 and USCIS subsequently revised its published policy to implement those changes.

The manual addresses investment and petition requirements

Current policy discusses investment, new commercial enterprises, source and path of funds, business plans, employment creation, and related evidentiary requirements.

Post-RIA regional-center policy is extensively addressed

The manual covers designation, project applications, amendments, annual compliance, integrity obligations, noncompliance, promoters, and investor consequences.

The manual explains USCIS application of job-creation rules

Direct, indirect, construction, regional-center, and I-829 job-creation questions should be tied to the current statute and the agency's current published interpretation.

Part G also addresses conditional residence

I-829 adjudication, sustainment, job creation, material changes, and related issues should be reviewed under INA § 216A, applicable regulations, and the current Policy Manual.

The Policy Manual does not replace the statute

The amended INA controls. The regulation and Policy Manual help implement and interpret that law, and older materials should be checked for consistency with the current statutory framework.

Frequently asked questions

Where is current USCIS EB-5 policy located?

Volume 6, Part G of the USCIS Policy Manual.

Does it incorporate post-2022 EB-5 reforms?

Yes.

Does it address regional centers?

Yes.

Does it address investor eligibility and evidence?

Yes.

Does it address removal of conditions?

Yes.

Does the Policy Manual override INA § 203(b)(5)?

No.

Primary authorities and official guidance

This guide was reviewed against the following government sources. Agency pages and regulations can change; confirm current editions and filing instructions before acting.

  1. USCIS Policy Manual, Volume 6, Part G — Investors Current USCIS policy guidance for EB-5 immigrant investors.
  2. 8 U.S.C. § 1153 — Allocation of Immigrant Visas Official codified text containing the current EB-5 employment creation provisions.
  3. Public Law 117-103 — EB-5 Reform and Integrity Act of 2022 Official GovInfo publication of Public Law 117-103, including Division BB.
  4. 8 C.F.R. § 204.6 Current electronic Code of Federal Regulations immigrant investor petition provisions.
  5. USCIS — EB-5 Immigrant Investor Program USCIS program guidance for the EB-5 immigrant investor classification.
Editorial note: This page provides general legal information, not a prediction of outcome or legal advice for a particular matter. Legal content reviewed by Peter Messersmith , Senior Immigration Attorney, The Messersmith Law Firm, P.A..

Case-specific review

Apply the authority to the facts

A legal authority is useful only when it is matched to the correct classification, procedural posture, evidence, and current version of the law.

Request a Consultation