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USCIS Releases Guidance on EB-5 Regional Center Lapse

Jun 30, 2021 | Investor Visas

The EB-5 Immigrant Investor Regional Center Program expires at the end of the day on June 30, 2021, due to a lapse in Congressional authorization to continue the program.

USCIS has released the following guidance today: 

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 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.

The State Department also indicated in the July 2021 Visa Bulletin that it has no authority to issue EB-5 visas to Regional Center immigrant investors starting July 1, 2021, and immigrant visa appointments will likely be rescheduled.  

This is a developing story.  Please continue to lookout for additional updates from WR Immigration on the EB-5 Regional Center program.   

Note: This blog has been updated on 7/1/2021 to reflect updated information from the USCIS.

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