This 2010 correspondence appeared to reverse a long-standing policy at the USCIS of limiting the counting of indirect jobs by a project to only those within the sponsoring regional center's geographic area of focus. The expansion of the policy has carried forward into the 2013 EB-5 Adjudications Policy Memorandum.
Issed December 2012, this memo provides guidance for determining whether jobs created by tenants in a development funded by EB-5 capital may be attributed to the regional center sponsoring the project.
The EB-5 Program regulations can be found at 8 C.F.R. 204.6 "Petitions for employment creation alients" and 8 C.F.R. 216.6 "Petition by entrepreneur to remove conditional basis of lawful permanent resident status."
This speech was delivered by Nicholas Colucci, Chief of the Immigrant Investor Program, at the May 8, 2014 EB-5 Regional Economic Development Advocacy Conference hosted by the Association to Invest in the United States (IIUSA).
This memorandum is the most comprehensive guidance issued on the policies USCIS uses to adjudicate applications made through the EB-5 Program.