USCIS recently updated its alert notice on the EB-5 Immigration Investor Program webpage, indicating the agency will “reevaluate” its operations on processing cases related to the EB-5 Regional Center Program “at the end of the calendar year 2021.” Among other minor changes, the updated alert notice provides a timeline for USCIS’ continuing pause on adjudicating regional center-related petitions and applications including Form I-526, Form I-485, and Form I-924, which aligns with the continuing resolution that funds the federal government through December 3rd, 2021.
IIUSA continues its work to ensure the EB-5 Regional Center Program is reauthorized and reformed. To support our efforts we encourage all industry stakeholders to join the association.
See below for the full text of the updated alert notice on USCIS website:
Alert: Statutory authorization for the EB-5 Immigrant Investor Regional Center Program ended at midnight on June 30, 2021. This sunset in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program. Due to the sunset in authorization for 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; and
- Form I-485, Application to Register Permanent Residence or Adjust Status, and any Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, associated with a Form I-485 application that is based on a Form I-526 filed by an approved regional center.
Until further notice, we will hold (that is, not act on) any pending petition or application of these form types that is dependent on the lapsed statutory authority and was filed before the end of the statutory authorization. At the end of calendar year 2021, unless there is new legislation for regional centers, we will reevaluate whether to keep this hold in place. If we wrote to you about your petition or application on or before June 30, 2021, you should review our written correspondence and respond by the due date (as applicable). Although we cannot review your response right now, we will keep your response for review if circumstances change.
We will still accept and review Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, including those filed on or after July 1, 2021.
In addition, we will keep on hold (that is, not act on) any Form I-485 that is based on a Form I-526 for an approved regional center; the Form I-526 must have been filed before the end of the statutory authorization. At the end of calendar year 2021, unless there is new legislation for regional centers, we will reevaluate the hold. We will accept and adjudicate Forms I-765 and I-131 relating to these pending Forms I-485.
We will provide further guidance if circumstances change or further guidance becomes necessary.