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:

Crackdown on Communist/Totalitarian Party Admissibility Expected to Have Particular Effect on Chinese Immigrants

U.S. Citizenship and Immigration Services (USCIS) has added a new section to its Policy Manual directing immigration officers to strictly enforce existing law on the inadmissibility of any intending immigrant who is a member or affiliate of the Communist Party or any other totalitarian party (or subdivision or affiliate), domestic or foreign, unless otherwise exempt. The new guidance provides step-by-step instructions for officers making inadmissibility determinations on this basis. According to anecdotal reports, this and other anti-China actions by the Trump administration are affecting Chinese immigrants especially, who are experiencing an uptick in visa denials at U.S. consulates and by USCIS for the I-485 adjustment of status applications. Many millions of Chinese are nominally members of the Communist Party, and the crackdown could have the effect of banning even low-level members whose party membership is in name only. WR reported an increase in scrutiny by U.S. consulates on this issue as early as 2018, primarily for Chinese and Vietnamese visa issuances and adjustment-of-status applications. More recently, reports from China indicate that the U.S. Consulate General in Guangzhou increased immigrant visa denials related to membership in the Chinese Communist Party, despite the fact that such membership is required and involuntary for most to […]

Read More

Five Things Investors Should Ask When Selecting an EB-5 Project – Due Diligence 101

By: Joseph M. Barnett, Esq. With 39,443 I-526 EB-5 petitions filed in the past three fiscal years, at least $19 billion has been invested in the U.S. economy through the EB-5 Immigrant Investor Program during the period from October 1, 2014 to September 30, 2016.  As of May 30, 2017, there are 1,258 Regional Centers designated by USCIS.  Regional Centers offer a variety of investment opportunities to prospective immigrant investors, including real-estate development, hotels, manufacturing, medical facilities, and shopping complex, among many others. Accordingly, EB-5 investors now have an array of choice.  Selecting an immigration compliant project is the most important aspect of the process. Before investing, investors should perform extensive due diligence to ensure that they will receive a permanent green card, as well as ensuring the likely repayment of their EB-5 capital investment upon final approval of the case. Below are five items prospective EB-5 investors should ask prior to making an EB-5 investment decision: Reputation and EB-5 Experience of the Regional Centers and Developers. It’s critical to understand who will be using EB-5 capital to create jobs for U.S. workers.  Who are the principals, and what are their qualifications?  Do they have a track record of previously successful EB-5 projects? […]

Read More