As the EB-5 Immigrant Investor Regional Center Program is set to expire at midnight tonight June 30, USCIS has announced that it will not accept form I-526, Immigrant Petition by Alien Investor, when the investor’s investment is connected with an approved regional center.
USCIS will also reject form I-924, Application for Regional Center Designation Under the Immigrant Investor Program, except when the center would like to update its name, organizational structure, ownership or administration.
“This is most unfortunate because previously when the program lapsed USCIS did allow I-526 filings,” said Bernard Wolfsdorf, former President of the American Immigration Lawyers Association. “It is surprising to me that the USCIS is taking a more restrictive view than the prior administration that did allow us to file during the temporary lapse.”
The sunset of the EB-5 regional center program will put a hold on some USCIS processes.
“In general, we will not act on any pending petition or application of these form types that is dependent on a lapsed statutory authority until further notice,” USCIS said in a statement. “And if you were issued written correspondence regarding your petition or application on or before June 30, 2021, you should review the written correspondence and respond by the due date (as applicable). Although we cannot review your response at this time, we will receive and maintain the response for review if circumstances change.”
USCIS also announced it would keep accepting form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, including those petitions filed on or after July 1, 2021. It will also continue to accept form I-485, Application to Register Permanent Residence or Adjust Status, if they are based on an approved I-526.
“However, in the event of a lapse in authorization, we will be unable to act on any form I-485 based on an approved form I-526 associated with an approved regional center unless a visa through the Regional Center Program is reauthorized,” USCIS said in a statement.