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What should I do now when the EB-5 is reauthorized and my files have been stuck at the US consulate in India because of Covid and the lapse?

I have my files at the US Consulate in Mumbai but they have been stuck due to Covid earlier and later due to the EB-5 regional center authorization lapse, but since Congress passed the reauthorization bill what shall I do?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your attorney should be able to contact the embassy or NVC as they should be well aware of reauthorization to take effect soon to begin scheduling cases in the order received.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    For cases stuck at the consulate, it appears they will take no action for at least 60 days to give the government an opportunity to understand and implement the law. March 15, 2022 is the date of enactment, so hopefully, we will see interview scheduled in May. For many, since date for filing is open for an adjustment, some EB-5 direct and RC should be able to file AOS.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    Right now we are waiting for instructions from the Department of State. It would not hurt to reach out if there is no guidance published in the next few weeks.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you know your case is at the consulate, then send them an inquiry. If at NVC, message them by email. They will be well aware of the re-authorization (does not take effect until 60 days after signing) and begin scheduling cases with oldest first.