My I-526 was recently approved. I filed my I-485 and currently live in the U.S. with EAD under a pending I-485. My I-485 has not been approved yet. The President just announced that he will end the EB-5 program and replace it with a “Gold card” program. In this case, will USCIS terminate my I-485 and cancel my EAD in the US?
Answers
Lynne Feldman
EB-5 Immigration attorneysNo one knows the rules for the new program and the grandfathering provisions of the existing program yet.
Tony W. Wong
EB-5 Immigration attorneysUnder RIA, there is a "grandfather" clause, that means if you file the I-526 before September 30, 2026, your application will still be adjudicated under the current version of RIA even though RIA will not be extended or modified. RIA is an act passed by the Congress, so President cannot end or modify it without the act of the Congress. Any Trump's act to end or modify RIA will definitely encounter lawsuit asking to stop his act. So, your 485 and EAD should be safe.
The Gold Card initiative has not been fleshed out yet. There is not enough information on the program to answer your question with clarity. However, I
would presume that you will not be affected because your I-526 was already approved. If your 485 is not approved for any reason, I do not believe it
would be due to the Gold Card program. Stay informed as the Gold Card details are unveiled. It is too soon to know how current applications will
be impacted.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIt is an unlikely case scenario as cancelling an EB/5 would require a legislative action by Congress. We do not know the details of how the new program will look like yet.
Matthew Kolodziej
EB-5 Immigration attorneysNo. Trump cannot "end" the EB-5 program without Congressional approval.
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