U.S. Department of Justice
Immigration and Naturalization Service
425 I Street NW
Washington, DC 20536
June 10, 2003
SERVICE CENTER DIRECTORS
BCIS FIELD OFFICE DIRECTORS
DIRECTOR, NATIONAL BENEFITS CENTER
William R. Yates /s/ by Janis Sposato
Bureau of Citizenship and Immigration Services
Department of Homeland Security
SUBJECT: Amendments Affecting Adjudication of Petitions for Alien Entrepreneur
The purpose of this memorandum is to provide interim guidance on certain
changes affecting the adjudication of Form I-526, Immigrant Petition by Alien
Entrepreneur, and Form I-829, Petition by Alien Entrepreneur to Remove Conditions,
that were pending or filed on or after November 2, 2002. On November 2, 2002, the
President signed into law the Twenty-First Century Department of Justice Appropriations
Authorization Act (Public Law 107-273), which, among other things, mandated a review
of cases in which the alien entrepreneur filed a Form I-526 petition that was approved
after January 1, 1995 and prior to August 31, 1998, and timely filed an I-829 petition
prior to November 2, 2002.
In addition to cases described above, the new law also affects the adjudication of
Form I-526 petitions pending or filed on or after November 2, 2002, the date on which
the law was enacted. Changes brought about by the new law include the following:
1. Chapter 2, section 11036 of Public Law 107-273, (Subtitle B) amends the law at
sections 203(b)(5) and 216A of the Immigration and Nationality Act (INA) so that
an alien entrepreneur is no longer required to establish a commercial enterprise.
MEMORANDUM FOR SERVICE CENTER DIRECTORS, ET.AL.
SUBJECT: Amendments Affecting Adjudication of Petitions, etc.
This modifies 8 CFR § 204.6(h)(l), regarding the creation of an original business.
Adjudicators, however, should still inquire as to whether the petitioner personally
established the commercial enterprise because if not,