The programme

Immigrant Investor Pilot Program

Also called Pilot Program, Section 610 program.

The Immigrant Investor Pilot Program is the original name of what is now the EB-5 Regional Center Program: the 1992 experiment that set aside 300 EB-5 visas a year for five years for investors in designated regional centers, and the name that 8 CFR 204.6(m) still carries today even though the section it rests on was repealed in 2022.

What it decides

Congress created it in section 610 of Public Law 102-395, the appropriations act approved on 6 October 1992, printed at 106 Stat. 1874 under the heading Pilot Immigration Program. Section 610(a) required a set-aside of EB-5 visas for a program built around a regional center promoting economic growth. Section 610(b) fixed that set-aside at 300 visas a year for five years. Section 610(c) let those investors use reasonable methodologies to count jobs created indirectly through revenues from increased exports, which is how indirect job counting entered EB-5 at all. Section 610 outlived the pilot label by three decades until section 103(a) of the EB-5 Reform and Integrity Act of 2022 repealed it outright and rebuilt the program in 8 U.S.C. 1153(b)(5)(E). The regulation was never rewritten, so a reader who opens 8 CFR 204.6(m) today finds the retired name, a scope paragraph saying the program exists solely under section 610, and an allocation still capped at 300 visas for the five fiscal years beginning 1 October 1993. Read it as history, not as current law.

Governed by Section 610 of Public Law 102-395, 106 Stat. 1828, 1874, approved 6 October 1992, read from the govinfo Statutes at Large scan STATUTE-106-Pg1828; section 103(a) of the EB-5 Reform and Integrity Act of 2022, Division BB of Public Law 117-103, read from the govinfo enrolled text PLAW-117publ103; 8 CFR 204.6(m)(1) Scope, (m)(2) Number of immigrant visas allocated and (m)(3) Requirements for regional centers. The eCFR is authoritative for the regulation's wording but is stale on its statutory basis: 204.6(m)(1) still points at a section of law that no longer exists.

Where this is explained properly

Pages here that go into immigrant investor pilot program rather than mentioning it.

Related terms

  • Regional Center ProgramThe Regional Center Program is the branch of EB-5 under which an investor files through a designated regional center and may count indirectly created jobs toward the ten-job requirement, and it is authorized through 30 September 2027.
  • Regional centerA regional center is an economic unit, public or private, that USCIS has designated to sponsor pooled EB-5 investment within a defined, contiguous and limited geographic area, and it is the only route on which a petition may count indirect and induced jobs.
  • 8 CFR 204.68 CFR 204.6 is the EB-5 regulation, and it still supplies the working definitions of employee, full-time employment and troubled business, but the text printed in the Code of Federal Regulations today is the 2019 version a court vacated, and USCIS applies the pre-2019 wording instead.
  • EB-5 Reform and Integrity Act of 2022The EB-5 Reform and Integrity Act of 2022 is Division BB of the Consolidated Appropriations Act, 2022, Public Law 117-103, approved on 15 March 2022, and it rewrote the EB-5 category in the Immigration and Nationality Act.
  • Indirect jobsIndirect jobs are positions created elsewhere in the economy by a project's spending, estimated with an economic model rather than counted from a payroll, and available only to regional center investors. They may fill at most nine of the ten jobs each investor must create.

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