Judge Orders USCIS To Begin Accepting New EB-5 Regional Center Investment Applications – FAQ for Investors

Jun 30, 2022 | Investor Visas

On Friday June 24, 2022, a Federal District Court Judge ruled in favor of a regional center challenging USCIS’s implementation of certain portions of the EB-5 Reform and Integrity Act of 2022. In a nationwide preliminary injunction, the Judge ordered that preexisting regional centers retain their designation and may file for project pre-approval and investors can file related I-526 petitions. This is a big step forward since the Judge has ordered USCIS to begin accepting new EB-5 regional center investment applications.

Below are answers to questions commonly asked by investors:

What Does This Decision Mean For New Investors?
Regional centers that had previously been designated can now file the form I-956F project approval form and investors in that project will be allowed to file their form I-526 individual petitions without waiting for an approval.

Can Investors File Form I-485 Adjustment Of Status Together With Form I-526?
Yes, if an immigrant visa number is available, investors can file form I-485 adjustment application. (Presently only China has a waiting line, but the new set-aside categories of Rural Reserved, High Unemployment and Infrastructure are current and visas are available for persons chargeable to China). USCIS is now authorized to accept form I-485 adjustment of status for both pending and approved forms I-526.

Will Investors Who File I-485 Forms With Their I-526’s Be Able To Travel Outside Of The U.S.?
Unless the applicant has a valid H-1B, L-1, L-2 or H-4 visa, investors will need to obtain an advance parole travel permit. These permits are presently delayed and are taking over 9-10 months to process.

Will Investors Who File I-485 Forms With Their I-526’s Be Able To Work While Waiting In The U.S.?
If the applicant has valid work authorization, in most cases they will be permitted to work. The filing of the adjustment will provide work If the applicant has valid work authorization, in most cases they will be permitted to work. The filing of the adjustment will provide work authorization, but work permits have been delayed. We expecting to see improvements in work permit processing times and possibly see new work permits issued within 6 months of filing the adjustment application.

Advice For Regional Centers:
Regional centers are advised to file their form I-956F project certification as soon as possible so they can accept investors investments and file individual investor I-526 petitions. The Reform and Integrity Act (RIA) requires offering documents to be updated to ensure securities law and other disclosure requirements.

Do Regional Centers Still Need To File I-956 Forms?
Previously authorized regional centers do not need to file the form I-956 to support an EB-5 project or an individual petition but we are waiting for more guidance from USCIS.

What Happens Next?
Since this decision reversed the USCIS determination that previously approved regional centers were terminated , it appears the previously designated regional centers are now authorized to conduct business until a final decision is rendered. It is expected that USCIS will provide instructions in the next few days implementing this decision. USCIS could appeal the decision, but most likely USCIS will develop a process to implement the Judge’s decision. While unlikely, USCIS could try and defend its position by seeking a summary judgment. The good news is that properly filed applications will have to be accepted now and this decision benefits both regional center projects seeking to raise funds, and investors seeking green cards.

For more information regarding the EB-5 program contact attorneys Vivian ZhuJoe Barnett, or Bernard Wolfsdorf.

Related Posts:

Analyzing the Recent Trend of EB-5 Expedited Processing

This article was previously published in the Regional Center Business Journal. The full version of the journal can be viewed in its entirety here. By:  Joseph Barnett Time is of the essence, especially in EB-5 petition and application processing.  Despite the Immigrant Investor Program Office’s (“IPO’s”) increase in staff and the re-organization of its adjudication teams for more efficient processing in recent years, EB-5 adjudications remain undeservedly long.  According to USCIS’ September 3, 2018 website screenshot, it takes an average of about 20-26 months for I-526 adjudications, and 19.5 – 25.5 months for I-924 adjudications.  One potential way to speed up EB-5 adjudications is to request “expedited processing” by USCIS. Is Expedited Processing for Soon-To-Be Backlogged Countries Helpful? Expedited processing is of particular interest these days for Indian, and some South Korean, and possibly for Taiwan and Brazilian nationals looking to receive Form I-526 approvals before the U.S. Department of State (“DOS”) imposes a Final Action Date (i.e. a Visa Bulletin cutoff date), which DOS has informally projected will occur by the Summer of 2019. There is a possibility that, through expedited processing, an EB-5 beneficiary could slide through to immigrant visa processing before a Final Action Date falls in FY 2019.  Individuals […]

Increased Scrutiny of CCP Membership and Its Impact on Green Card Applicants

By: Joseph Barnett Donald Trump ran his presidential campaign on a platform of changing our immigration system and has been clear in his goal to use all immigration tools and options to limit immigration – both legal and illegal – into the U.S.  He has also been adamant about barring “communists” and “Marxists” from entering the country.  The inadmissibility ground for membership in or affiliation with the Communist or any other totalitarian party, INA 212(a)(3)(D), is part of a broader set of laws passed by Congress to address threats to the safety and security of the United States.  We are therefore likely to see an increased scrutiny related to membership in the Chinese Communist Party in adjustment of status adjudications by USCIS, immigrant visa interviews at U.S. consulates abroad, and during naturalizations in 2025. WR has written on this topic extensive and has helped numerous former Chinese Communist Party members obtain green card status. WR Immigration is a full-service immigration law firm known worldwide for its unmatched excellence in providing top-quality U.S. immigration representation. To schedule a consultation to discuss your case, please contact us here.