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How does USCIS currently view the tenant-occupancy model?

Almost fours years after USCIS issued its guidance memo, are tenant occupancy jobs still a controversial issue with USCIS? If so, why do regional centers continue to use this model?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Most regional center business models avoid anything that looks like tenant occupancy. With the right project and economic data to show that the jobs otherwise would not have been created without the project, it still can work.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Most regional centers and projects are able to work through or around the tenant occupancy problems. We understand what USCIS is looking for in terms of job creation methodology. Working with an experienced team of professionals led by an immigration attorney is very helpful in this regard.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    As we see, well-established regional centers no longer utilize this model; however, there are numerous regional centers in the United States.

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    John J Downey

    Immigration Attorney
    Answered on

    It is still used, but your reports regarding future occupancy must be based on realistic calculations. If, for example, it involves a business such as a restaurant, then a memorandum from the company expressing a desire to lease space would be helpful.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally, tenant occupancy is still a precarious option for job counting. While the rules are now relatively clear, it is generally not a good idea to use tenant jobs except if they clearly fall into the clearly designated exceptions enunciated by immigration.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Since the 2013 Policy Memo, it is my understanding that most of the successful regional centers are no longer using this tenant-occupancy model to document the job creation. However, because there are so many new regional centers that may not understand what is required or what is a successful model, it is not surprising that some are still using it.

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