Incomplete EB-5 policy update

On October 7, the USCIS Policy Manual was updated with revisions to some of the policy affected by the EB-5 Reform and Integrity Act. In Volume 6 Part G “Investors,” which contains EB-5 program guidance, USCIS updated Chapters 1 and 2 but not Chapters 3, 4, 5, or 6. USCIS also made changes to Volume 7 to add concurrent filing for EB-5 (now allowed since RIA) and to delete priority date protection for EB-5 (now not available since the EB-5 Modernization Regulation was rescinded). The Policy Alert does not acknowledge that Volume 6 Part G is now a confusing mix of half updated and half outdated content, but I trust that USCIS realizes the fact and is still at work to finish the job. For reference, here is my redline document comparison of the October 7, 2022 version of Volume 6 Part G with the previous version dated July 22, 2021. I will comment more when USCIS completes the revision, and look forward to industry reactions. The USCIS website EB-5 pages have also been getting edits, but still not fully updated. Reading the policy manual and the website, I guess that writers have been instructed “as much as possible just quote the law and don’t add any clarifications or further guidance, which could get us sued.”

About Suzanne (
Suzanne Lazicki is a business plan writer, EB-5 expert, and founder of Lucid Professional Writing. Contact me at (626) 660-4030.

5 Responses to Incomplete EB-5 policy update

  1. Kevin Tan says:

    Right, thank you, i do realized that information regarding “n-400 when a Form I-829 is Still Pending” is still missing at the policy manual, while the old AFM mentioned its been migrated but couldn’t find it on policy manual. see AFM link below:

    Click to access AFM-Update-Chapter-25.2-Immigrant-Investor.pdf

  2. Joseph Whalen says:

    Thank you for tracking all of this, I know it is a huge task that takes much time and energy. I am sure more updates will be made by USCIS and it should not take a lawsuit to do it (this time). They have to get OCC and Policy and the Front Office to review everything and God knows who else! Red tape rules at USCIS.

  3. Joe says:

    Any i526 and i829 filed before the RIA 2022 enactment does not get effected, right? E.g job creation and capital sustainment.

  4. ELin says:

    Hi Suzanne, thanks for your information. Do you notice this:Adding that an applicant may file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with, or subsequent to, a Form I-526, Immigrant Petition by Standalone Investor, where a visa is immediately available. why only “Form I-526, Immigrant Petition by Standalone Investor”,no I-526E? thanks!

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