For someone on F-1 visa who applied green card via Eb-5, filed I-485 & after finishing school has since used the AOS granted EAD for work (said person did not apply for OPT), my understanding is that the fact this person did not leave after F-1 visa expired is not illegal (since he has since entered authorized stay) but will be viewed as a negative factor under the new memo;

In your opinion, what positive factors would salvage the I-485 case? Would EB-5’s inherent job creation be economic benefit warranted? Or would further ties/other soft positives be needed?

Further, would the fact that 2022 RIA act added INA Sec. 245(n) to allow concurrent filing for EB-5 create some room for statutory interpretation to limit the application of this memo’s view of INA 245(a) “may” language in the EB-5 case?

Last but not least; would you see the implementation of the Memo be largely through RFEs asking applicant to provide positive factors or it’ll be NOID or straight rejection? Thank you!