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[HOT] [Q] What is meant by "EB-5 law"?


A flippant but not a false answer is "EB-5 law is whatever USCIS decides the EB-5 law is." There are certain broad EB-5 statutes and USCIS regulations promulgated pursuant to these statutes, plus precedent AAO decisions, guidance memos and some federal court cases. The problem is that there is no clear guidance on many of the issues arising from real-world scenarios. Also, if USCIS ever decides to construe adjudications of cases strictly, more denials will occur. Because the EB-5 law is not very clear aside from some basic requirements, you almost have to sacrifice the business side of the new commercial enterprise in order to satisfy the I-829 requirements.

Having said this, there have been some important improvements and efforts made by USCIS in the EB-5 area during the last 5 years, but not enough and not fast enough. Oh well, I sound like a broken record . . .