USCIS mentioned that at the end of this year, they will evaluate the hold on pending I-485 AOS for regional center EB-5. Will USICS inform its decision (of either abeyance or denial) by first week of January 2022 or can they announce even later?
Is it possible that USCIS can unilaterally decide to grandfather I-526 approved investors with pending I-485? Or do they need Congress”s permission to grandfather existing investors with at least I-526 approved EB-5 RC petitions?
Answers
Salvatore Picataggio
Immigration AttorneysWe can speculate, but until they say what they will do, that is all there is - speculation.
Lynne Feldman
Immigration AttorneysThere is a reconciliation date, February 18, which may be when they decide or earlier.
Bernard P Wolfsdorf
Immigration AttorneysUSCIS is unlikely to have authority to grandfather approved petitions because there is no legal basis to issue the visas, but they could provide other relief such as deferred departure with work authorization. We expect an announcement in the next few days but it could come in January.
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