As we reported last week, on April 27, 2012, USCIS Director Mayorkas hosted a Conversation engagement with the EB-5 community on the tenant-occupancy economic model. During the call the Director remained firm that the USCIS had not changed its policy with respect to the use of the economic model. He explained that the new guidance that was issued in February was at the request of adjudicators who wanted to have set guidelines as to the information that applicants need to provide in order to document net new job creation.

Today, USCIS issued a statement in follow-up to that call confirming that they would hold a follow-up engagement with the USCIS’ staff economists on this topic. Additionally, USCIS also promised to provide additional time to regional centers who have been issued Requests for Evidence related to their use of tenant occupancy in the economic reports that outline job creation as part of their I-924 applications.