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What happens with my I-829 petition if the EB-5 regional center program dies?

If the EB-5 regional center program permanently expires, will it lead to I -829 denials? As per USCIS policy, regional center termination should not effect the I -829 adjudications but there is no information what will happen if the program dies permanently?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS says: "We will continue to accept and review Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, in the normal course, including those filed on or after July 1, 2021."

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    Lynne Feldman

    Immigration Attorney
    Answered on

    I haven''t seen any guidance on this yet, but it would be extremely unfair to take your green card away since there was a program in effect when you filed.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Only the Regional Center program is temporary; the EB-5 program itself is permanent.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The program has been extended 30 times and I am optimistic it will be extended again soon. Moreover, even if not extended, the I-829 can be adjudicated because the visa has already been allocated.

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    Robert V Cornish Jr

    Securities Attorney
    Answered on

    Your question is a good one. From an administrative law perspective, the I-829s should still be processed and I have little doubt that if I-829s are denied on the basis you suggest, litigation will make sure that does not happen. There are also some stop-gap remediation measures on EB-5 floating around Washington, many of which will likely need to be considered at the end of September if the program ultimately is not reauthorized.