USCIS announced on May 16, 2018, that it is revising guidance on

immigrant investor (EB-5) cases involving tenant occupancy.

Previously, the USCIS Policy Manual allowed for tenant-occupancy

methodologies used by some petitioners to show that their capital

created, or will create, 10 indirect jobs. USCIS said it determined

that “these methodologies do not provide reasonable

predictions of indirect job creation and are no longer considered

reasonable methodologies to support economically or statistically

valid forecasting tools.”

USCIS said it therefore will no longer accept tenant-occupancy

models for filings. USCIS said it will continue to “give

deference to Form I-526, Immigrant Petition by Alien Entrepreneur,

and Form I-829, Petition by Entrepreneur to Remove Conditions on

Permanent Resident Status, “when directly related to

previously approved projects, absent material change, fraud or

misrepresentation, or legal deficiency of the prior


USCIS also announced the same day that it is updating guidance

on adjustment of status interview guidelines and interview waivers


  • Clarifying that USCIS will interview

    all adjustment of status applicants unless the agency waives the


  • Removing employment-based and

    fiancé(e)-based adjustment cases from the list of types of

    adjustment of status cases in which USCIS might waive the

    interview; and

  • Editing the guidance on relocating

    cases for adjustment interviews to be consistent with the updated

    list of cases in which USCIS might waive the interview.

The USCIS announcement is at

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