USCIS Publishes Draft EB-5 Policy Memorandum for Public Comment

USCIS issued a DRAFT policy memo relevant to EB-5 adjudication of Form I-526 and Form I-829 regarding the requirements for job creation and to sustain the investment during the conditional residence period.

Any interested party may submit comments to the draft memorandum by email to by Tuesday, September 8, 2015.  USCIS asks that all commentators  include the following to make the comments clear:

  • State the title of the relevant memo in the subject line of your message;
  • Refer to a specific portion of the memo;
  • Explain the reason for any recommended change; and
  • Include data, information, or authority that supports the recommendation.


You may review USCIS has draft policy memorandum here:  Guidance on the Job Creation Requirement and Sustainment of the Investment for EB-5 Adjudication of Form I-526 and Form I-829


For complete information on the comment process, visit the Feedback Opportunities section of


Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP.  Alka is situated in Fox Rothschild’s Roseland, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or