Important Draft IPO Adjudicator Policy Manual Change
In a recent announcement of internal policy changes for the Investor Program Office (IPO) Adjudicator Policy Manual, USCIS indicated that it is doing away with the historic requirement that EB-5 investor capital remain “at risk” through the approval of the I-829. Under the new policy, EB-5 investor capital would only have to remain at risk through the 2-year sustainment period that starts on the date the conditional green card is issued, not on the approval of the I-829. While this will not affect whatever the individual term of a particular RC’s investment, it does eliminate the issue of when EB-5 investors can get back their investments, and means that even if your I-829 has not been approved at the time your selected RC project has liquidated, you can still get your funds back without it affecting your pending I-829. We believe USCIS is taking this step in light of the growing adjudication time it is taking to act on pending I-829 (current more than 27 months).