My I-526 was approved in January 2021. NVC received the file and authorized payment of the fee in June 2021. I paid the fee and submitted the required documentation immediately. Now NVC has halted my case until the program is reauthorized. Is there any course of action other than wait?
Let''s hope the EB-5 program is reauthorized, or you will have issues in moving forward.
Assuming your I-526 is based on an investment through a regional center, you have got to wait.
Unfortunately no - there are some lawsuits pending on this but reauthorization is the best option. Push your Congressperson.
You could try and force NVC who took your fee and money to do their job, which is initiate background checks like they did during the last lapse. But I think by the time 60 days have passed to reply to a mandamus complaint, the program will likely have been reauthorized so I would wait.
If the approved I-526 petition is based on an investment in a regional center, then consular processing will only resume once the EB-5 Regional Center is reauthorized by Congress. I would be sure to have completed all relevant NVC/consular processing steps so your case is ready to be scheduled for an interview upon reauthorization.
It looks like for now, it is just going to be patience and hoping for reauthorization. As long as the category is "U" on the visa bulletin, no visas will be issued.
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