2012年5月12日，美國移民局致郵件給Henry集團總裁，通告最新的EB-5審核出租就業(yè)的指導(dǎo)方針（郵件見附件1）。郵件中感謝Henry集團總裁參與EB-5移民局中心的會議并且與美國移民局長就EB-5出租就業(yè)審核進行討論。美國移民局今天正式發(fā)表了EB-5審核出租就業(yè)核算方式的指導(dǎo)文件（指導(dǎo)文件見附件2）。在指導(dǎo)文件中，移民局的中心議題是現(xiàn)有的區(qū)域中心的項目，如果項目以前的就業(yè)計算方法、提供的相關(guān)資料和信息、相關(guān)市場數(shù)據(jù)仍符合實際情況，移民局將不再重新審核；但如果現(xiàn)在的信息情況和以前有變化，或以前的方法有誤差，移民局將重新審核。
附件1：
發(fā)件人： Public Engagement
發(fā)送時間： 2012-05-12 04:08:34
收件人： henryzou
主題： Guidance on EB-5 adjudications involving tenant-occupancy
Dear Stakeholders,
Thank you for your participation in the recent Conversation with the U.S. Citizenship and Immigration Services (USCIS) Director on the use of the tenant-occupancy economic model in the EB-5 Immigrant Investor Program and in the EB-5 quarterly stakeholder engagement.
USCIS has today published operational guidance on EB-5 adjudications involving the tenant-occupancy methodology. This guidance explains how established USCIS policy on deference to prior EB-5 adjudications applies in the context of determinations regarding the reasonableness of an economic methodology.
For more information, please see the Guidance on EB-5 Adjudications Involving the Tenant-Occupancy Methodology on the USCIS.gov website.
Kind Regards,
U.S. Citizenship and Immigration Services (USCIS)
U.S.Department of Homeland Security
附件2：
U.S. Citizenship and Immigration Services
Office of the Director (MS 2000)
Washington, D.C. 20529-2000
OG-602.06-001
May 8, 2012
Operational Guidance
SUBJECT: Guidance on EB-5 Adjudications Involving the Tenant-Occupancy
Methodology
Our agency has established guidance regarding the deference we should give to prior adjudications. This guidance is set forth in many of our policy memoranda, including in our December 11, 2009 policy memorandum and AFM update regarding the EB-5 program. Our deference policy provides generally that a prior favorable decision will be relied upon in later proceedings unless the facts underlying the prior decision have materially changed, there is evidence of fraud or misrepresentation in the record of proceedings, or the previously favorable decision is determined to be legally deficient.
Recently, the question has arisen how our agency's practice of giving deference to prior adjudications should be implemented in an EB-5 case in which the petitioner has used the "tenant-occupancy" economic methodology to prove the required creation of U.S. jobs. This guidance answers that question.
A decision on the economic methodology presented in an EB-5 case is a very fact-specific and fact-dependent one. Consistent with our deference policy, ISOs should rely on a previous determination that the economic methodology is reasonable when the methodology is presented to us in a later proceeding based on materially similar facts. For example:
If we approved a Form I-924 regional center application based on a specifically identified project, including the specific location and industry involved, we will not revisit the determination that the economic model and underlying business plan were reasonable when adjudicating related Form I-526 petitions, Form I-485 applications, or Form I-829 petitions.
If we approved a Form I-526 petition for an immigrant investor based on a specifically identified project not associated with a regional center, we will not revisit the
OG-602.06-001: Guidance on EB-5 Adjudications Involving the Tenant-Occupancy
Methodology
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determination that the business plan was reasonable when adjudicating the investor's related Form I-485 application or Form I-829 petition.
If, however, the facts underlying application of the economic methodology have materially changed, then we will conduct a fresh review of the new facts to determine whether the petitioner or applicant has complied with the requirements of the EB-5 program, including the job creation requirement.
