With an approved I-526 in January 2021, what can I do to get my EB-5 approved when the program is not reauthorized? - EB5Investors.com

With an approved I-526 in January 2021, what can I do to get my EB-5 approved when the program is not reauthorized?

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?

Answers

Raymond Lahoud

Raymond Lahoud

Immigration Attorneys
Answered on

Let''s hope the EB-5 program is reauthorized, or you will have issues in moving forward.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Assuming your I-526 is based on an investment through a regional center, you have got to wait.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Unfortunately no - there are some lawsuits pending on this but reauthorization is the best option. Push your Congressperson.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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.

Dennis Tristani

Dennis Tristani

Immigration Attorneys
Answered on

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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

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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