USCIS Clarifies the Criteria for Immigrant Investors
The U.S. Citizenship and Immigration Services (USCIS) issued a guidance memorandum yesterday that clarifies the definition of job creation and the meaning of full-time positions in the EB-5 Immigrant Investor Program.
The guidance memorandum clarifies the requirement of employment creation and, what is considered as a permanent job for the purposes of the invesment based immigrant visa petition.
Under the guidance memorandum, The USCIS will now take the position that certain direct and indirect jobs that were considered to be temporary such as construction jobs, as permanent jobs as long as those permanent jobs can be expected to last at least 2 years.
The USCIS’ clarification of the criteria would seem to encourage immigrant investors who historically have been hesitant to come to the U.S. under the basis of investment due to the stringent requirements.
Moreover, this seems be a way for the government to resolve the nation’s unemployment problem and hence, the economy as a whole.
