The U.S. Citizenship and Immigration Services (USCIS) has issued a memorandum suspending all immigration applications from 19 “high-risk” countries. This suspension impacts I-485 petitions related to the EB-5 application process, as they qualify as “pending and approved benefit requests.”
This month, nationals of these countries with pending I-485 petitions who are already in the country will face increased scrutiny and a more rigorous vetting process.
Additionally, EB-5 investors with an approved I-485 petition who entered the country on or after January 20, 2021, will experience a hold on their applications until the agency conducts a comprehensive review and a more thorough vetting.
“These measures are being implemented through amendments to the USCIS Policy Manual. As a result, the country-specific factors listed in the proclamation will now be considered by officers when exercising their broad discretionary authority,” EB-5 attorney Jimena Cabrera from Cabrera Law says.
She adds, “These factors may serve as significant negative considerations in adjudicating discretionary immigration benefit requests, including—but not limited to—applications for adjustment of status, extensions of stay, and changes of status.”
As a result, EB-5 investors from these 19 nations with pending or approved I-485s should prepare for mandatory interviews to assess national security and public safety risks. USCIS said it will review each case individually.
What countries are involved, and what caused the suspension?
The affected countries are Afghanistan, Burma, Burundi, Chad, the Republic of the Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen. They have been subject to a travel ban to the U.S. since June.
“The proclamation expressly suspended the issuance of all immigrant visas, including EB-5 visas,” Cabrera says. “USCIS has not clarified whether it is continuing to process these cases internally without issuing final adjudications, leaving the status of ongoing case processing uncertain.”
This suspension of immigration procedures for these nations reflects a broader focus on national security following the recent shooting of two National Guard members in D.C. by an Afghan national granted asylum after Trump’s second term began.
Attorney Tony Wong from Wong & Associates says that even though the suspension policy restricts specific countries, investors from other nationalities have expressed concern.
“It has brought some impact on the foreigners of other countries, as we have received enquiries about this concern from China and Taiwan’s clients,” he adds. “I also expect the security or background check will be tougher for all people who apply for a U.S visa or enter the U.S.”
USCIS initially announced these changes in a policy alert on Nov. 27, followed by a policy memorandum on Dec. 2 regarding the holding and review of their cases.
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