Government Shutdown Update and Guidance on EB-5 Related Petitions During Government Shutdown
On December 21, 2018 Congress failed to authorize the funding of parts of the federal government and reauthorize the EB-5 Regional Center Program. This failure of action has resulted in the longest government shutdown in American history.
Today Congress will vote on two competing bills, one backed by Democrats and the other by Republicans, to end the partial government shutdown. Both are unlikely to pass.
USCIS released guidance on various EB-5 forms relating both to the EB-5 Program and the Regional Center Program.
The current lapse in federal funding does not affect U.S. Citizenship and Immigration fee-funded activities and the agency will continue to accept new filings for Form I-526, I-829. I-485 and I-924A. However, adjudication is on hold for Forms I-924, I-526 and I-485 until the federal government is funded. Adjudication of form I-829s submitted before or after the expiration date will not be affected by the current lapse in the Program. The filing deadline for forms I-924A was December 29, 2018. All Regional Centers are reminded to submit the annual form if you have not already done so.
The EB-5 Immigrant Investor Regional Center Program expired at the end of the day on Dec. 21, 2018, due to a lapse in congressional authorization to continue the program. All regional center applications and individual petitions are affected. USCIS will not accept new Forms I-924, Application for Regional Center Designation Under the Immigrant Investor Program, as of Dec. 21, 2018. Any pending Forms I-924 as of Dec. 21, 2018, will be put on hold until further notice.
Regional centers should continue to submit Form I-924A, Annual Certification of Regional Center, for fiscal year 2018.
We will continue to receive regional center-affiliated Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status, after the close of business on Dec. 22, 2018. As of Dec. 22, 2018, we will put unadjudicated regional center-affiliated Forms I-526 and I-485 (whether filed before or after the expiration date) on hold for an undetermined length of time.
All Forms I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, filed before or after the expiration date, will not be affected by the expiration of the program.
USCIS will provide further guidance to the public if legislation is enacted to reauthorize, extend, or amend the regional center program…Read More