What happens to pending I-526 petitions if the EB-5 program expires on April 28, 2017?

If Congress fails to reauthorize the EB-5 Regional Center program prior to April 28, 2017 or anytime thereafter, it would result in your inability to obtain your Lawful Permanent Residency on such basis. However, there is a high degree of likelihood that Congress will reauthorize the program on or around April 28, 2017.

In the past, USCIS has held onto petitions when Congress allowed the program to expire. However, there is no basis to adjudicate regional-center-based applications after April 28, 2017, unless they extend the program. While there is some talk of not extending the program and there are bills to promote that position, it appears the focus is on reforming the program by adding integrity provisions, increasing the investment amount, and restricting the definition of target employment areas to ensure that investments are made in rural and high unemployment areas.

My prediction is that Congress will extend it, but we will see new integrity provisions, an increase in the minimum investment amount, and TEA restrictions on the number of counties that can be aggregated.

We anticipate that pending cases will be allowed to go forward, but that will depend on the bill that Congress passes.

We hope that any I-526 petitions filed will be processed under the then existing laws and rules. However, we will not know until the new law gets approved and we see what the provisions allow.

It will take approximately a year for the USCIS to revoke your approved I-526 petition. Until it is revoked, you may have difficulty applying for a U.S. nonimmigrant visa, such as B or F visas, that require the showing of nonimmigrant intent.

Most likely, if you have filed the I-526 and have received a confirmation Receipt Notice/Number, then you would be grandfathered in, irrespective of the expiration of the EB-5 program or the changes that may take effect after April 28.

One would expect the applications filed before 4/28 to be honored under the old rules. There are many legal and constitutional reasons for this.