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July 28, 2014

United States Citizenship and Immigration Services (USCIS) Releases Long Awaited Draft EB-5 Policy Memorandum

In November of 2011, and later on in January of 2012, pursuant to a directive by USCIS Director Alejandro Mayorkas USCIS issued two draft policy memos meant to consolidate all EB-5 guidance into a single overarching policy memorandum. The EB-5 community has been awaiting a third iteration of that memorandum for over a year and on February 14, 2013, USCIS issued a new version meant to include stakeholder comments and policy changes enacted over the course of the past year. The Service will accept comments from the public on the draft guidance until April 1, 2013.

Comments on the memo can be emailed to opefeedback@uscis.dha.gov.

According to the USCIS website, the following information must be included when submitting comments:

  • State the title of the relevant memo in the subject line of your message;
  • Refer to a specific portion of the memo;
  • Explain the reason for any recommended change; and
  • Include data, information, or authority that supports the recommendation.

The USCIS website provides further details on the comment process.

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About the Author

Kate Kalmyko, business immigration law, compliance attorney, employment based im
Of Counsel

Kate Kalmykov focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

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