We will focus primarily on Communist Party affiliation, as this has the most impact on highdemand markets. However, the FAM also expands the definition of totalitarian party affiliation. EB-5 professionals should exercise the same level of due diligence when evaluating investors from countries with presently or formerly totalitarian governments.

WHAT CHANGES DID DOS INTRODUCE? The changes broaden the interpretation of“ affiliation”

under INA § 212( a)( 3)( D), capturing not only formal membership, but also acts such as providing support, working for state-owned enterprises( SOEs), or expressing ideological alignment. Important updates to 9 FAM 302.5-62 include, but are not limited to:

• Employment in or association with SOEs and other government-affiliated organizations is“ generally” considered affiliation. The old FAM discussed service in the armed forces of Communist countries, but not employment in a state-owned or affiliated organization or enterprise. The new FAM states that such organizations in Communist countries are“ often instruments of the ruling party used … to control civil society and carry out

political objectives.” Therefore, employment or association with these entities“ will generally constitute affiliation” with the ruling Communist or socialist party.

•( Almost) no more nonmeaningful association. Previously, FAM cited two Supreme Court cases to demonstrate that membership in or affiliation with an organization did not constitute“ meaningful association” if their membership was not for ideological reasons. For example, in Rowoldt v. Perfetto, 355 U. S. 115( 1957), the Supreme Court found that if an individual was a member for mere technical, social, or economic reasons, but did not intend to further the party’ s ideological aims, that was not considered a meaningful association. Now, the

updated manual cites the same case to claim that membership is generally intentional and that members are assumed to be aware of the party’ s political nature. If that party is politically active, its members are“ associated” with Communism.

• Affiliation no longer requires positive action. In the previous editions of the FAM, an applicant was not considered affiliated with a Communist or other totalitarian party if they were interested in or favored the party’ s ideology unless the same applicant also took positive, voluntary actions. For example, if the applicant was sympathetic to party ideology and took the additional step of providing monetary or other forms of value to the party, they were considered affiliated. Now, the mere“ advocacy for, solidarity