The public interest is well served by the flexibility granted to EB-5 investors and their American partners to operate and make investment decisions; to that end, the Niskanen Center applauds United States Citizenship and Immigration Services (USCIS) for providing guidance on how they will handle EB-5 retrogression. However, we also recommend that USCIS carefully limits changes to regulations to the authority granted within existing law, and should, to the extent authorized, defer investment decisions to investors to preserve and promote economic efficiency, and to protect immigrant investors.
To view the comments submitted to USCIS about its policy manual update, please click here.