Monday, August 10th, 2015, the USCIS released a draft Policy Memorandum for the EB-5 program regarding I-526 and I-829 job creation and investment requirements titled Guidance on the Job Creation Requirement and Sustainment of the Investment for EB-5 Adjudication of Form I-526 and Form I-829.

The policy memorandum builds upon prior policy guidance for adjudicating EB-5 applications and petitions regarding the job creation requirement and the requirement to sustain the investment during the conditional residence period.

The USCIS is collecting feedback on the drafted memorandum until Tuesday, September 8, 2015. Comments should be submitted to, include the specific portion and title of the memo being referenced, and provide evidence and explanation for any suggested changes.

To read the memo, click here.

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