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What will happen to the investors if their regional centers get terminated by USCIS?

With the new rules coming into effect this November, what will happen to regional centers? I have noticed that many regional centers have been cancelled by USCIS recently, and I expect more to be terminated once the new rules officially take effect. What happens to EB-5 investors whose regional centers get terminated by USCIS? Will they be able to continue with their EB-5 applications? Will they be able to keep their priority dates?

Answers

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    It depends. If the EB-5 applicant's I-526 petition is approved before the regional center is terminated, then the new rules will allow the investors to keep their priority dates as long as and there is no fraud or misrepresentation discovered.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Priority date retention seems to be the only protection. A new I-526 would still need the be filed.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The final regulations do provide that if the regional center is terminated, certain EB-5 investors can retain their priority dates from earlier-filed and approved EB-5 petitions and their place in line for a green card unless USCIS revokes a petition's approval for fraud or willful misrepresentation by the immigrant investor petitioner. This provision will only provide relief to certain investors who have secured an approved EB-5 petition and are waiting to obtain conditional residence status, but who find themselves in circumstances beyond their control such as the termination of a regional center). These petitioners will no longer lose their priority date, or place in the green card line, when they file a new petition with the increased investment amounts.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They would need to file again with another center.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    They are not terminating regional centers that are active with investors. Those investors already in regional centers with cases pending or approved are grandfathered in.

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