July 1, 2021 Update -- USCIS has moved its guidance to its main EB-5 page. It has materially changed and appears to be far more restrictive with regard to Form I-485 filings.
Alert: Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program expired at midnight on June 30, 2021. This lapse in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program. Due to the lapse in authorization related to the Regional Center Program, USCIS will reject the following forms received on or after July 1, 2021:
Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program, except when the application type indicates that it is an amendment to the regional center’s name, organizational structure, ownership, or administration; and
Form I-526, Immigrant Petition by Alien Investor, when it indicates that the petitioner’s investment is associated with an approved regional center.
In general, we will not act on any pending petition or application of these form types that is dependent on the lapsed statutory authority until further notice. If you were issued written correspondence regarding your petition or application on or before June 30, 2021, you should review the written correspondence and respond by the due date (as applicable). Although USCIS is unable to review your response at this time, we will receive and maintain the response for review if circumstances change.
We will continue to accept and review Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, in the normal course, including those filed on or after July 1, 2021. We will begin rejecting all Forms I-485, Application to Register Permanent Residence or Adjust Status, and any associated Forms I-765, Application for Employment Authorization, and Forms I-131, Application for Travel Document, based on an approved Regional Center Form I-526.
We will provide further guidance to the public if circumstances change or further guidance becomes necessary.
This is a major change compared the language below. The drafting of the guidance is also unclear as to its application with regard to currently filed Forms I-485 and associated interim benefits.
Industry stakeholders are reaching out to USCIS for further clarification. We will provide more information as it becomes known.
Below is our original blog post from June 30.
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The EB-5 Regional Center Program's authorization is set to lapse in a few short hours when the clock strikes midnight on July 1, 2021. The Agency has finally posted guidance for stakeholders regarding how the lapse will affect adjudications and receipting:
Alert: Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program will expire at midnight on June 30, 2021, unless Congress reauthorizes it. A lapse in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program.
In the event of a lapse in authorization related to the Regional Center Program, we will reject the following forms received on or after July 1, 2021:
Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program, except when the application type indicates that it is an amendment to the regional center’s name, organizational structure, ownership, or administration; and
Form I-526, Immigrant Petition by Alien Investor, when it indicates that the petitioner’s investment is associated with an approved regional center.
In general, we will not act on any pending petition or application of these form types that is dependent on a lapsed statutory authority until further notice. If you were issued written correspondence regarding your petition or application on or before June 30, 2021, you should review the written correspondence and respond by the due date (as applicable). Although we cannot review your response at this time, we will receive and maintain the response for review if circumstances change.
We will continue to accept and review Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, in the normal course, including those filed on or after July 1, 2021.
We will continue to accept Form I-485, Application to Register Permanent Residence or Adjust Status, based on an approved Form I-526. However, in the event of a lapse in authorization, we will be unable to act on any Form I-485 based on an approved Form I-526 associated with an approved regional center unless a visa through the Regional Center Program is reauthorized.
We will provide further guidance to the public if circumstances change or further guidance becomes necessary.
Notably, as of the time of this writing the Agency has not made any public guidance relating to the Behring Regional Center court ruling.
We will keep our readers informed of ongoing developments. Contact us today with your questions regarding investor immigration.