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What happens to approved I-526 petitions if the EB5 program sunsets on Jan 19, 2018?

My petition was approved by USCIS in September 2017. I sent my paperwork and DS-260 to the NVC in November and am waiting to hear from them. What will happen to me if the EB5 regional center program sunsets on Jan 19, 2018?

Answers

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    You should be "grandfathered" under the old provision, even if the regulation changes or sunsets on the EB-5 Pilot program.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the EB-5 regional center program is not extended, an I-526 petition, approved or not, cannot proceed (i.e., cannot be processed further). Most people believe the program will be extended.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The petitions that are in progress, such as yours, will continue to be processed after January 19, 2018.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    First, I understand the program will extend to February 19, 2018. I think we may see new regulations soon; maybe even next month. I am very optimistic that we will see new legislation soon that will extend the program for at least 5 years.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not affect you under current rules.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    The NVC will proceed with the processing of all previously filed applications, such as yours.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    If the EB-5 program sunsets on January 19th, individuals with approved petitions should still be grandfathered in and eligible to immigrate on that basis.

  • Avatar

    Matthew T Galati

    Immigration Attorney
    Answered on

    The program will have to be extended in order for you to be issued an immigrant visa.

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