USCIS Issues New Guidance on Adjustment of Status Applications
USCIS released a memorandum emphasizing that adjusting status inside the U.S. is not an automatic right, but rather a discretionary benefit and a matter of “administrative grace.”
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EB-5 “Investor” Immigrant Visas
EB-5 “Investor” Immigrant Visas
The EB-5 visa, also known as the “Employment Creation” or “Investor” visa, allows for Lawful Permanent Resident (LPR) status for individuals who meet the following criteria:
- Invest or are actively in the process of investing $1,050,000 (or $800,000 if the investment is in a “targeted employment area,” i.e. a rural area of less than 20,000 people or an area which has experienced high unemployment of at least 150% of the national average);
- Investment must be in a new commercial enterprise, i.e. a company formed after November 29, 1990, although some exceptions apply;
- The business must employ at least 10 U.S. citizen or authorized immigrant workers full-time; and
- The applicant must engage in the business through day-to-day management or policy formation.
In addition, in October 1992 Congress established a pilot program that authorizes investment through regional centers and relaxes the job creation requirements so that jobs may be proven through direct or indirect employment.
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