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USCIS appears to be using a term “capital investment project”, but I can find this term in the EB-5 regulations. What does the term “capital investment project” mean anyway?

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USCIS appears to be using a term “capital investment project”, but I can find this term in the EB-5 regulations. What does the term “capital investment project” mean anyway?

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The term “capital investment project” is a term — not mentioned in either EB-5 statutes or regulations — made up by USCIS to deal with a regional center based project where often there are two entities involved: new commercial enterprise and the job-creating entity. Really, the “capital investment project” is the job-creating entity to which the new commercial enterprise must either invest or give a loan to and be received and used by the same job-creating entity in activities which create jobs. Because Matter of Izumii already refers to a job-creating entity in the same context, USCIS did not really have to come up with a new fancy term called “capital investment project”, because having another term just confuses things.

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