October 19, 2021

Volume XI, Number 292

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October 18, 2021

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EB-5 Regional Center Program Expires June 30, 2021

As an update to our previous blog, the EB-5 Regional Center program was not extended by Congress by June 30, 2021. Congress did not pass a law to extend the EB-5 Regional Center program by June 30, 2021, so the Regional Center program has lapsed. USCIS has issued guidance on its website that no new I-924 Applications by Regional Centers can be filed at this time. Likewise, USCIS has stated that no new I-526 Petitions based on an investment sponsored by a Regional Center can be filed during any period of lapse. As expected, USCIS stated that they will hold pending I-924 Applications and I-526 Petitions in abeyance during the lapse period until further notice. Applicants who received a notice from USCIS, such as a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) should follow the instructions on the notice and file any requested documents by the deadlines outlined by USCIS.

Additionally, USCIS will continue to accept Form I-485 Applications based on an approved I-526 Petition. However, USCIS will not act on any I-485 Application based on an approved I-526 Petition associated with an approved Regional Center unless the Regional Center Program is reauthorized. For applicants with pending I-485 Applications, USCIS will likely continue to adjudicate any pending Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, that is based on a pending Form I-485 Application.

Stakeholders continue to pressure USCIS and Congress for a legislative proposal that will reauthorize the EB-5 Regional Center program. At this time, it is not known how long the lapse in authorization will last.

©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 182
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About this Author

Jennifer Hermansky, Greenberg Traurig Law Firm, Philadelphia, Labor and Employment Immigration Attorney
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Jennifer Hermansky focuses her immigration practice on both employment-based and family-based immigration. Jennifer has experience serving health care, pharmaceutical and real estate industries, as well as entrepreneurs, scientists and researchers in scientific communities. She represents clients in a wide range of employment-based immigrant and non-immigrant visa matters including students, professionals, managers and executives, artists and entertainers, treaty investors, individuals of extraordinary ability, and immigrant investors.

Jennifer...

215-988-7817
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