The USCIS recently issued a guidance memorandum to facilitate adjudication of cases involving issues related to the “tenant-occupancy” methodology for establishing job creation in EB-5 cases. Among the issues raised in the February 2012 RFEs, USCIS sought evidence that the projected jobs attributable to prospective tenants (which would occupy the commercial space created by the EB-5 capital) would represent newly created jobs, and not jobs that the tenant had merely relocated from another location. This determination assesses whether there is a reasonable causal link between the EB-5 enterprise and the job creation that would allow for the attribution of the tenant jobs to the EB-5 enterprise. The memo sets forth the principles to be used in adjudicating cases involving tenant-occupancy models.
The complete memo may be found here: Operational Guidance for EB-5 Cases Involving Tenant-Occupancy Memo