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When will we know that the EB-5 immigrant investor pilot program is extended?

When is the legislative deadline for the EB-5 immigrant investor pilot program to be reauthorized? What happens if the program is not reauthorized.

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    David Hirson

    Immigration Attorney
    Answered on

    The pilot program is due to sunset on September 30, 2012. The expectation is that is will be extended. The timing is unknown. Historically there was an occasion where the renewal had to be enacted with retroactive effect. Expect last minute action on this issue.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    There is no legislative deadline, but the regional center program (not the regular EB-5 Program) sunsets on Sept. 30. There are two approaches: a bill with bipartisan support to make four visa programs (including the regional center part of the EB-5 Program) permanent. If that doesn''t work out, there will probably be an extension of years (3 to 5) in the appropriations bill. If the regional center part of the program terminates on Sept. 30, petitions already filed will be adjudicated by USCIS. And investors with approved I-526 petitions will be able to file I-829 petitions to remove conditions on residence.

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