2012年5月12日，美国移民局致邮件给Henry集团总裁，通告最新的EB-5审核出租就业的指导方针（邮件见附件1）。邮件中感谢Henry集团总裁参与EB-5移民局中心的会议并且与美国移民局长就EB-5出租就业审核进行讨论。美国移民局今天正式发表了EB-5审核出租就业核算方式的指导文件（指导文件见附件2）。在指导文件中，移民局的中心议题是现有的区域中心的项目，如果项目以前的就业计算方法、提供的相关资料和信息、相关市场数据仍符合实际情况，移民局将不再重新审核；但如果现在的信息情况和以前有变化，或以前的方法有误差，移民局将重新审核。
附件1：
发件人： Public Engagement发送时间： 2012-05-12 04:08:34收件人： henryzou主题： Guidance on EB-5 adjudications involving tenant-occupancyDear Stakeholders,
Thank you for your participation in the recent Conversation with the U.S. Citizenship and Immigration Services (USCIS) Director on the use of the tenant-occupancy economic model in the EB-5 Immigrant Investor Program and in the EB-5 quarterly stakeholder engagement.
USCIS has today published operational guidance on EB-5 adjudications involving the tenant-occupancy methodology. This guidance explains how established USCIS policy on deference to prior EB-5 adjudications applies in the context of determinations regarding the reasonableness of an economic methodology.
For more information, please see the Guidance on EB-5 Adjudications Involving the Tenant-Occupancy Methodology on the USCIS.gov website.
Kind Regards,
U.S. Citizenship and Immigration Services (USCIS)U.S.Department of Homeland Security
附件2： U.S. Citizenship and Immigration Services
Office of the Director(MS 2000)
Washington, D.C. 20529-2000
OG-602.06-001May 8, 2012
Operational Guidance
SUBJECT: Guidance on EB-5 Adjudications Involving the Tenant-Occupancy
Methodology
Our agency has established guidance regarding the deference we should give to prior adjudications. This guidance is set forth in many of our policy memoranda, including in our December 11, 2009 policy memorandum and AFM update regarding the EB-5 program. Our deference policy provides generally that a prior favorable decision will be relied upon in later proceedings unless the facts underlying the prior decision have materially changed, there is evidence of fraud or misrepresentation in the record of proceedings, or the previously favorable decision is determined to be legally deficient.
Recently, the question has arisen how our agency's practice of giving deference to prior adjudications should be implemented in an EB-5 case in which the petitioner has used the "tenant-occupancy" economic methodology to prove the required creation of U.S. jobs. This guidance answers that question.
A decision on the economic methodology presented in an EB-5 case is a very fact-specific and fact-dependent one. Consistent with our deference policy, ISOs should rely on a previous determination that the economic methodology is reasonable when the methodology is presented to us in a later proceeding based on materially similar facts. For example:
If we approved a Form I-924 regional center application based on a specifically identified project, including the specific location and industry involved, we will not revisit the determination that the economic model and underlying business plan were reasonable when adjudicating related Form I-526 petitions, Form I-485 applications, or Form I-829 petitions. If we approved a Form I-526 petition for an immigrant investor based on a specifically identified project not associated with a regional center, we will not revisit theOG-602.06-001: Guidance on EB-5 Adjudications Involving the Tenant-OccupancyMethodology
Page 2 determination that the business plan was reasonable when adjudicating the investor's related Form I-485 application or Form I-829 petition.
If, however, the facts underlying application of the economic methodology have materially changed, then we will conduct a fresh review of the new facts to determine whether the petitioner or applicant has complied with the requirements of the EB-5 program, including the job creation requirement.