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What happens to my application if one of the other proposed EB-5 reform acts gets passed after Nov. 21?

I understand that the new EB-5 rules will take effect next week. Last week a new bill was introduced to Congress to modernize the EB-5 program. What if that bill gets passed after Nov. 21 when the new EB-5 regulations have already become effective? What happens to the applications filed after Nov. 21 but before the new bill?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your petition would be governed by the existing regulations in effect at the time of your filing, and would not be affected by new provisions passed thereafter.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Until a new bill turns into law, the DHS regulations will cover the EB-5 program. It seems unlikely that Congress would make a new law apply retroactively but we will have to see how that plays out procedurally. In the meantime, we can only rely on what is actually effective, and this week it will be the DHS regulations.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If your application is already on file, it will be processed under the rules in effect on the date of filing. After Nov. 21, 2019, the new regulations kick in and are operative unless Congress passes something to override this.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your petition will be governed by the regulations that were in effect at the time your petition was filed.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The likelihood is we will get another short extension to December 20, 2019. Thereafter, let us hope we get new legislation. That could improve some of the changes made by the November 21 regulations.

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