Client Payment Portal

Update on the EB-5 Regional Center Program

Sep 30, 2021 | Investor Visas

September 2021 will come and go without a reauthorization of the EB-5 Regional Center Program, leaving over 85,000 foreign nationals in immigration limbo after investing a minimum of $500,000 into the U.S. economy.  Since the program lapsed on June 30, 2021, the EB-5 Industry has made efforts to spare current EB-5 Regional Center investors the headaches that have occurred due to the cycle of short-term reauthorizations by coming to a potential agreement on reforming and extending the Regional Center Program for multiple years.  Nevertheless, it appears that the U.S. Congress will seek to finalize legislation on the EB-5 Regional Center Program by December 3, 2021, the date that the federal government continues to run towards in the currently proposed “Continuing Resolution”. 

USCIS has not released anymore guidance regarding the current Regional Center Program lapse, aside from what WR Immigration posted in early July.  Two big unanswered questions are: (1) Will USCIS continue to adjudicate interim benefits (work and travel authorization) for pending adjustment applicants based on an approved Regional Center Form I-526, and (2) How long will USCIS continue to hold pending Regional Center Form I-526’s in abeyance without further reauthorization?  We do not have the answer to the second question, and USCIS refuses to answer the first publicly.  It has been noted in litigation and advocacy efforts through the American Immigration Lawyers Association that USCIS will again begin to adjudicate Form I-765s and Form I-131s for pending adjustment applicants based on an approved Regional Center Form I-526, but our firm has not yet received an adjudication in months. 

Regarding the actual reauthorization of the Regional Center Program, there have been dozens of extensions in the past by USCIS.  It appears the EB-5 industry is united, and its goal is to attach the new EB-5 law to a “must pass” piece of legislation like an Omnibus budget. Watching the U.S. government (or any government) work through politics is unpleasant, and it sems the mood on Capitol Hill is ugly, with Democrats and Republicans seeking more power as opposed to working together. 

EB-5 investors may feel at loss on what to do, but there are some options.  For those in the United States, contact your congresspeople or senators and advocate for the U.S. government to hold up their end of the bargain based on your EB-5 investment.  For everyone, a new EB-5 investor-led advocacy group called American Immigrant Investor Alliance has taken the lead to protect existing investors by seeking congressional support on its Foreign Investor Fairness Protection Act (“FIFP”), which would require current applications and pending petitions be processed by USCIS on the basis of the law and regulations in place at the time they were submitted.

WR Immigration remains confident of reauthorization of the EB-5 Regional Center Program and is hoping to see meaningful reform and extension in the coming months.

Related Posts:

Ten Things to Know About Communist Party Membership Inadmissibility

By:  Bernard Wolfsdorf and Joseph Barnett Communist party membership issues are becoming more common in visa cases.  Our firm has seen an increase in scrutiny by U.S. consulates on this issue.  It is important to focus on this issue with China as #1, and Vietnam as #2, in the number of EB-5 immigrant visas issued and adjustment of status applications approved in Fiscal Year 2017. Immigration attorneys, Regional Centers, migration agencies, and intending immigrants must understand the rules, exceptions, and waivers to this ground of inadmissibility.  Here are 10 things to know about this topic: The Immigration and Nationality Act. Individuals who are inadmissible are not permitted by law to enter or remain in the United States.  The Immigration and Nationality Act sets forth grounds for inadmissibility in Section 212.  One of grounds, found at INA Section 212(a)(3)(D), is “membership in a totalitarian party,” which states: “Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.” Definition of “Affiliate”. The term affiliate, as used in INA Section 212(a)(3)(D), means “an organization related to, or identified with, a proscribed party or association, including any section, subsidiary, […]

Read More

Another Failure by the EB-5 Immigrant Investor Program Office

Obtaining a temporary green card stamp (also known as an ADIT-stamp or a Form I-551) is a legal right for immigrant investors with a denied Form I-829 until an immigration judge enters a final order of removal, and any administrative appeals have been completed.  Yet, for no apparent reason, USCIS’ EB-5 Immigrant Investor Program Office has failed to direct local USCIS offices to follow the law, creating severe problems for those waiting the issuance of a Notice to Appear or resolution of removal proceedings.  USCIS’ Policy Manual states: An immigrant investor whose Form I-829 has been denied may seek review of the denial in removal proceedings. USCIS issues the immigrant a temporary Form I-551 until an order of removal becomes administratively final. An order of removal is administratively final if the decision is not appealed or, if appealed, when the appeal is dismissed by the Board of Immigration Appeals. (emphasis added).  This is consistent with case from the Board of Immigration Appeals (“BIA”) – the highest administrative body for interpreting and applying immigration law – in Matter of Lok, 18 I&N Dec. 101, 105 (BIA 1981), which held that the lawful permanent resident status of a foreign national terminates only with the entry of […]

Read More