The death of the “seven-year rule”
Although not unique to the Chinese investor,
USCIS has previously followed a general
trend of relaxing documentary requirements as to how an asset liquidated for
an EB-5 investment was acquired if
that acquisition occurred seven or
more years prior to making an
investment. Never codified in
regulation, EB-5 professionals
had been demarking these years
as a Maginot Line for whether
or not to fully document the
source of an asset. However,
times have changed. In
recent months, USCIS has
bucked its general trend
and requested documents
going back much further
than seven years. In
one recent case, USCIS
requested an investor to
provide an employment
confirmation letter from
the mid-1990s.
It has now become standard to attempt to document
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