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


The "EB-5 law" is a term of convenience and has a broad meaning. It refers to the law governing EB-5 under the U.S. immigration law system. This means appropriate immigration statutes must be examined, then immigration regulations promulgated pursuant to these statutes, then agency rules, Department of State or consular regulations, as well as USCIS guidances. The term also includes precedent Administrative Appeals Office (AAO) on EB-5 cases, as well as some federal court cases deciding on some key issues of EB-5 law. Furthermore, the term also includes what is "understood" to be allowed and disallowed by USCIS EB-5 Headquarters. At this time, the USCIS is trying to make their positions more clear on various material issues related to EB-5 projects.

Therefore, sometimes it is a challenge for even an an experienced U.S. immigration attorney to keep up with all the nuances and developments within the EB-5 area.