Earlier this year, three members of the U.S. House of Representatives stepped up to support the EB-5 Regional Center industry by sending a letter to U.S. Citizenship & Immigration Services (USCIS) urging it to reconsider its stance that all previously designated EB-5 Regional Centers under the old statute must re-designate under the Reform and Integrity Act of 2022 (RIA).
USCIS has now formally responded to that letter stating the agency is “committed to implementing the EB-5 Reform and Integrity Act as drafted and in an efficient and equitable manner that protects pending and prospective investors, as well as ensuring the program can continue to be a catalyst for new jobs and investment in the United States.”.
The response comes after a preliminary injunction was granted in the Behring Regional Center Case.
” Thank you for your June 1, 2022 letter regarding the EB-5 Reform and Integrity Act of
U.S. Citizenship and Immigration Services (USCIS) is committed to implementing the EB-5 Reform and Integrity Act as drafted and in an efficient and equitable manner that protects pending and prospective investors, as well as ensuring the program can continue to be a catalyst for new jobs and investment in the United States. USCIS recognizes that, due to the program’s lapse, many individuals are eager for swift implementation of the new law, and is working expeditiously to enable the program’s success and compliance with the law.
As you noted, USCIS released the new Form I-956, Application for Regional Center Designation, and Form I-956H, Bona Fides of Persons Involved with Regional Center Program, on May 13, 2022, prior to the effective date of the new regional center provisions, so that applicants could begin to file for regional center designation. USCIS also continues to update its website with the latest information, including revisions to prior updates to comply with Judge Chhabria’s June 24, 2022 preliminary injunction in Behring v. Mayorkas, and the agency will undertake rulemaking as part of the implementation process, which will provide an opportunity for notice and comment from the public.
Thank you again for your letter and interest in this important issue. The cosigners of your letter will receive a separate, identical response. Should you require any additional assistance, please have your staff contact the USCIS Office of Legislative Affairs at (240) 721-3801.”