You are here[HOT] Tenant-occupancy issues in an actual play in a RFE

[HOT] Tenant-occupancy issues in an actual play in a RFE


By eb5attorney - Posted on 19 October 2012

Mr. Joseph Whalen has posted his observations on a redacted RFE involving tenant-occupancy issues. We do not know how recent the RFE is, but when you read the RFE, it seems like it's getting very difficult to get a renovation or development projects involving tenant jobs, even where only indirect tenant jobs are counted, based on a rationale that these indirect/induced jobs are based on the direct tenant jobs. It seems USCIS could reject any tenant jobs (even new ones, not relocated ones) based on a rationale that there is no sufficient nexus.

One thing I am not sure is is USCIS saying if the tenant jobs are "new" jobs rather than relocated jobs, then there is "nexus" and tenant jobs can be counted? Or is USCIS saying they cannot be counted at all even if they are "new" employees of tenants?

http://www.slideshare.net/BigJoe5/redacted-eb5-rfe-with-comments