On December 20, 2012, USCIS issued an Operational Guidance Memorandum for EB-5 Cases involving Tenant-Occupancy. For EB-5 cases where tenant occupancy is used as a basis for satisfying the job creation requirement, this memorandum was issued in response to concerns regarding methodology used to show that tenant jobs have resulted from the EB-5 enterprise.
For all regional center cases that rely upon tenant occupancy to support claims of job creation, USCIS requires evidence of direct or indirect job creation from the EB-5 enterprise. In all such cases, the memorandum states that USCIS will make determinations on a case-by-case basis, and will require evaluation of verifiable standards, based upon a reasonable methodology, that demonstrates direct or indirect job creation based upon tenant occupancy models.
To review the December 20, 2012 Memorandum in its entirety, please click here.