Memorandum: Adjudication of EB-5 Regional Center Proposals and Affiliated Form I-526 and Form I-829 Petitions; Adjudicators Field Manual (AFM) Update to Chapters 22.4 and 25.2 (AD09-38) [open pdf - 133KB]
"This memorandum provides instruction to California Service Center (CSC) personnel involved in the adjudication of EB-5 Regional Center Proposals, and affiliated Forms I-526, Immigrant Petition by Alien Entrepreneur and Forms I-829, Petition by Entrepreneur to Remove Conditions. This memorandum rescinds in its entirety the USCIS [U.S. Citizenship and Immigration Services] memorandum, Establishment of an Investor and Regional Center Unit, dated January 19, 2005, and provides guidance regarding: 1. The timing of the adjudication of EB-5 eligibility issues; 2. The procedures to be used when there appears to be a material change in circumstances relating to an eligibility issue following the issue's prior adjudicative resolution; 3. Targeted Employment Area (TEA) determinations; 4. How an alien may seek approval of a new Form I-526 petition in order to change the focus of his or her investment to a new capital investment project or commercial enterprise; and 5. The respective EB-5 program responsibilities of CSC and Service Center Operations (SCOPS) personnel. This memorandum also addresses the issue of communication with non-USCIS individuals or entities regarding case specific information."
HQ 70/6.2: AD 09-38
U.S. Citizenship and Immigration Services: http://www.uscis.gov/