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For those planning an EB-5 investment, completing an I-526 petition can be a daunting task. The I-526 adjudication process can seem complicated and messy, as it is still somewhat unclear why some applicants experience long delays and why some applications are prioritized over others. Fortunately, in May 2019, the Immigrant Investor Program Office (IPO) conducted a new training session for adjudicators known as “reset training.” Because of the Freedom of Information Act, IIUSA, an EB-5 industry association, was able to obtain the contents of the training materials from United States Citizenship and Immigration Services (USCIS). These training materials offer important information that could be extremely beneficial to prospective EB-5 investors and other EB-5 participants.
Those interested can access the adjudicator training materials in the IIUSA Member Portal. When analyzing this information, EB-5 investors should look for instructions and guidance that offers important directions for their I-526 petition. They should particularly look for information that has not been previously shared with EB-5 investors. Those planning an EB5 investment should may be able to access these training materials from the EB-5 regional center they are working with, if the regional center is an IIUSA member, to help navigate their I-526 petition and the supporting documents to ensure they will limit the possibility of delays and denials.
As of October 13, 2020, only 500 of the 2000 pages have been made available. While most of the content is already well known, there is some new information regarding economic impact analysis, targeted employment areas (TEA), at-risk requirements, escrow arrangements, and more. Below is a brief table of contents to help navigate through the new material.
- Pages 1–5: Exercise Prompts
- Pages 6–40: Establishment of New Commercial Enterprise (NCE)
- Pages 41–67: Regional Centers and Form I-924
- Pages 68–109: Job Creation Requirement
- Pages 110–134: Comprehensive Business Plan: Job Creation
- Pages 135–184: Regional Center and Indirect Job Creation
- Pages 184–199: Troubled Business: Job Creation
- Pages 200–218: Material Change in EB-5 Adjudication
- Pages 219–238: Deference in EB-5 Adjudication
- Pages 239–255: Adjudication Worksheets and Instructional Guides
- Pages 256–326: Targeted Employment Area (TEA)
- Pages 327–443: Capital and Investment Requirements
- Pages 444–472: Minor Investors: I-526 Petitions Filed by Minors
- Pages 474–524: Source of Funds Requirements
The EB-5 Immigrant Investor Program is still considered one of the fastest and easiest ways to immigrate to the United States. It has helped thousands of foreign nationals receive U.S. green cards since its creation in 1990. With this newly available information, prospective investors can prepare their EB-5 petitions with a more well-rounded understanding of the requirements and expectations of the EB-5 program.
