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What laws govern EB-5?

What is the actual law/code that governs the EB-5 program? I’ve found some information on the USCIS website but am interested in the actual laws and regulations on EB-5.

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The laws are the Immigration and Nationality Act Section 203 (b)(5) and 8 C.F.R. Section 204.6, as well as USCIS memos and procedures.

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    Lei Jiang

    Immigration Attorney
    Answered on

    8 C.F.R. Section 204.6 and corresponding sections of the Immigration and Nationality Act, as well as USCIS memos and procedures.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    The regulations are located at 8 CFR *Sec. 204.6. But much of EB-5 is governed through USCIS policy and memoranda. For that reason, it is very important to consult with competent legal counsel.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Immigration and Nationality Act Section 203(b)(5) and 8 C.F.R. Section 204.6.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Sections of the Immigration and Nationality Act and the Code of Federal Regulations govern U.S. Immigration Law. The Foreign Affairs Manual also speaks to many immigration issues. Of course, interpreting these laws is best done by an attorney, and we definitely recommend doing so to assist you with your U.S. Immigration goals.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 program is governed by laws found in the Immigration and Nationality Act, regulations found in Code of Federal Regulations and the policies the USCIS Directors found in the official policy memorandum, issued a couple of months ago in 2013. The policy memo sets out many important interpretations of the laws and regulations which will be followed by the EB-5 projects, EB-5 attorneys, brokers, investors, regional centers and the USCIS adjudicators.

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