USCIS issued a policy alert on May 16, 2018, to announce that it will revise its policy guidance in the USCIS Policy Manual.  The changes will be effective as of May 15, 2018.  The policy guidance reverses the previous stance on the tenant occupancy economic methodology.  The new policy guidance does not consider the tenant-occupancy methodology as reasonable, and believes that it  “results in a connection or nexus between the investment and jobs that is too tenuous,” and as a result, will no longer be a “reasonable or valid forecasting tool.”

USCIS will continue to give deference to I-526 and I-829 petitions filed prior to May 15, 2018, that relied on the tenant-occupancy methodology.  All cases filed as of May 15, 2018, will not accept this methodology, and will need to be revised prior to submission.

As there are still some unanswered questions on implementation, Greenberg Traurig will continue to monitor the progress of the policy memo when published.