Today, USCIS released an update to the Policy Manual building upon the initial update on October 6, 2022, incorporating reforms in effect under the EB-5 Reform and Integrity Act of 2022 (RIA).
Key Takeaway 1: RIA Regional Center guidance is now in the Policy Manual
Chapter 4 now contains Regional Center Applications guidance. New Chapter 5 contains separate Project Applications guidance. There is a new Chapter 6 on Direct and Third-Party Promoters. There are updates to Removal of Conditions in the new Chapter 7. The deference chapter is gone.
Key Takeaway 2: Updates are effective immediately and supersede any prior guidance
The updated guidance is now controlling. It is unclear whether this means that the new guidance applies today to cases filed today and after, or whether it applies to cases filed before today.
Carolyn Lee PLLC will be covering the USCIS EB-5 Policy Manual Update on November 22, at our upcoming Investment Immigration Conversations webinar.