Revised Draft Policy Memorandum Guiding EB-5 Visa Adjudications

Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services
In response to last month's request for comments from EB-5 stakeholders on its most recent draft policy memorandum, USCIS has released a revised version. The following are Director Mayorkas's remarks that precede the modified document:
U.S. Citizenship and Immigration Services (USCIS) thanks stakeholders for providing comments to the draft policy memorandum we posted to address certain foundational issues in the EB-5 Program. In anticipation of tomorrow’s “Conversation With The Director” regarding the EB-5 Program, we have attached the revised draft policy memorandum that incorporates some of your comments. In tomorrow’s Conversation, we will discuss the revised draft policy memorandum and seek to focus on certain important policy issues that we wish to further explore with you, including the issue of material change and how to most fairly and effectively address it in our EB-5 adjudications.
As we stated previously, the formulation of the guiding EB-5 policy memorandum is an iterative process, one in which we seek your input. The revised policy memorandum is a further step in the iterative process. Tomorrow’s Conversation will be important in guiding our determination of how to most effectively address some of the more difficult issues in the policy memorandum development process. We can continue tomorrow’s discussion in the broader EB-5 quarterly engagement scheduled for later this month.
We are working hard to enhance the EB-5 Program, including the issuance of policies that address developments in the use of the Program and carefully adhere to the governing statutes and regulations. Tomorrow, we will discuss our efforts to date, issues of importance to you, and the path ahead. We are dedicated to realizing the EB-5 Program’s potential to create jobs for U.S. workers and to vigilantly protecting the Program’s integrity.
Thank you.
Alejandro N. Mayorkas
Director
U.S. Citizenship and Immigration Services
Click here to see the revised draft policy memorandum.