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.
Direct answer
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.
01 · Policy Role
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.
02 · Investor Eligibility
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.
03 · Regional Centers
Post-RIA regional-center policy is extensively addressed
The manual covers designation, project applications, amendments, annual compliance, integrity obligations, noncompliance, promoters, and investor consequences.
04 · Job Creation
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.
05 · Removal of Conditions
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.
06 · Authority Hierarchy
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.
Questions and answers
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.
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.
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