Question:

The Consulate Officers seems to have some discretion here especially where the Party member can show that the reason for Party membership was a requirement of employment.

Communist Party membership is generally a bar to immigration. The party member may consider gifting the requisite funds to a family member to make the EB-5 investment. After the spouse or child eventually becomes a US citizen, the party member may then become eligible to immigrate if they are able to obtain an extreme hardship waiver.

If the applicant was required to join the Communist Party for employment or other living necessities in his or her home country, then the past membership may not be a bar to immigration.

Communist Party membership is irrelevant to immigration. Later on when one has already become a lawful permanent resident, Communist party membership is a bar to naturalization under certain circumstances. Because party membership can be compulsory or necessary for survival in some countries, it is only a bar to naturalization IF membership was voluntary and one rose in the ranks and took full advantage of such voluntary membership. Even in a worst case scenario, it is a maximum 10 year bar to naturalization from end of party membership to N-400 filing date.

It means nothing for EB-5 visa investment purposes.