Questions and Answers > EB-5 Investments

What happens with my EB-5 application and investment now when the EB-5 program was not reauthorized?

I invested in 2018 and am still waiting for my EB-5 visa. What happens now when the program wasn''t reauthorized? Do I just wait and see or will I get a refund? Will the USCIS keep processing the applications of all the investors in the backlog even if the program is not renewed?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on June 30, 2021

  These are two different things - your investment is governed by your subscription agreement and Congress needs to re-authorize the program, which it has done over 17 times.

• Lynne Feldman

  Immigration Attorney

  Answered on June 28, 2021

  USCIS will continue to process the cases that were filed prior to the program ending, including yours.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on June 25, 2021

  USCIS will likely hold regional center I-526 petitions to see if the program will be reauthorized by Congress, which seems very likely.

• Jeffrey E Campion

  Immigration Attorney

  Answered on June 25, 2021

  USCIS should hold cases in abeyance pending reauthorization.

• Dale Schwartz

  Immigration Attorney

  Answered on June 25, 2021

  We understand they will continue processing all cases filed before the program ends. The program will probably get renewed anyway.

• Robert V Cornish Jr

  Securities Attorney

  Answered on June 25, 2021

  The program will not stop if you have invested before the date the program has terminated. But be aware that there could well be issues as to when the money is received and where that could affect the analysis.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on June 25, 2021

  No, USCIS will not process RC-based I-526s while the EB-5 program is not in effect.