Memorandum: EB-5 Alien Entrepreneurs - Job Creation and Full-Time Positions (AFM Update AD 09-04)   [open pdf - 71KB]

"This AFM [Adjudicator's Field Manual] update provides United States Citizenship and Immigration Services (USCIS) personnel with instructions related to the timing of job creation and the meaning of 'full-time' positions in the EB-5 program. The AFM update clarifies that each petitioner must submit a business plan, along with their Form I-526, Immigrant Petition by Alien Entrepreneur, which provides an accounting of the required number of qualifying jobs that will be created within the two-year period of conditional residency. This AFM update also clarifies that there may be some flexibility with respect to the timing of job creation at the Form I-829, Petition by Entrepreneur to Remove Conditions, stage. Finally, this AFM update clarifies the meaning of full-time position as it relates to job creation. The AFM update conforms the filing locations with the Federal Register Notice dated January 9, 2009, 74 Fed. Reg. 912-913."

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