Enterline and Partners Consulting | info@enterlinepartners.com

Update on the EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor “Regional Center” Program (“Program”) lapsed on June 30, 2021 due to the failure of the U.S. Congress to extend or reauthorize it before that date.  Congress has not yet passed a law to reauthorize the Program.

As a result, any investor and family members who do not already have immigrant visas issued by a U.S. Consulate will not be issued immigrant visas to enter the U.S., and any investor and family members who do not yet have an approved Adjustment of Status Application filed with the United States Citizenship and Immigration Services (“USCIS”) will not be eligible to adjust their status to permanent residency.

The USCIS has issued the  “Alert” below on its website.

Important information in that alert that you should note is:

  1. The USCIS will not act on any pending Form I-526 Petition or Form I-485 Application that is dependent on a Regional Center for indirect job creation. At least for the time being, it will hold these forms in abeyance.
  2. The USCIS we will begin rejecting all Forms I-485, Application to Register Permanent Residence or Adjust Status, and any associated Forms I-765, Application for Employment Authorization, and Forms I-131, Application for Travel Document, based on an approved Regional Center Form I-526 Petition.

It is not clear yet whether the USCIS will begin proactively rejecting Form I-485 Applications that have already been filed.  However, it is clear that it will reject any future Form I-756 and Form I-131 Applications.

  1. The USCIS will continue to accept and review Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, in the normal course, including those filed on or after July 1, 2021. This is consistent with the EB-5 regulations and policy that investors who already have Conditional Permanent Residence are no longer subject to the extension of the Program.

There is talk in the EB-5 industry that a reauthorization may come at the end of September when traditionally it would be extended with other laws that are typically annually extended, but there is no certainty of this.  We all hope that Congress will act to at least provide relief for those tens of thousands of investors such as yourself who have sought to immigrate to the U.S. by investment.  We can only wait and see.

 

——————————Alert——————————

 

United States Immigration and Naturalization Services

EB-5 Immigrant Investor Program Alert

https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program

++++++++++

Alert: Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program expired at midnight on June 30, 2021. This lapse in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program. Due to the lapse in authorization related to the Regional Center Program, USCIS will reject the following forms received on or after July 1, 2021:

  • Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program, except when the application type indicates that it is an amendment to the regional center’s name, organizational structure, ownership, or administration; and
  • Form I-526, Immigrant Petition by Alien Investor, when it indicates that the petitioner’s investment is associated with an approved regional center.

In general, we will not act on any pending petition or application of these form types that is dependent on the lapsed statutory authority until further notice.  If you were issued written correspondence regarding your petition or application on or before June 30, 2021, you should review the written correspondence and respond by the due date (as applicable). Although USCIS is unable to review your response at this time, we will receive and maintain the response for review if circumstances change.

We will continue to accept and review Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, in the normal course, including those filed on or after July 1, 2021.

We will begin rejecting all Forms I-485, Application to Register Permanent Residence or Adjust Status, and any associated Forms I-765, Application for Employment Authorization, and Forms I-131, Application for Travel Document, based on an approved Regional Center Form I-526.

We will provide further guidance to the public if circumstances change or further guidance becomes necessary.

——————————————————-

If you are an EB-5 investors and have questions about your status, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

Regional Center Annual Statements And Sanctions

The EB-5 Reform and Integrity Act of 2022 (“RIA”) requires Regional Centers to file annual statements with U.S. Citizenship and Immigration Services (“USCIS”). The statements cover a range of matters, from the use of EB-5 investment funds to the status of projects sponsored by the Regional Center. Regional Center Annual Statements A Regional Center’s annual statement must include certifications that it has complied with certain requirements under the RIA. It must also disclose any material litigation or bankruptcy proceedings involving the Regional Center, a New Commercial Enterprise (“NCE”), or an affiliated Job-Creating Entity (“JCE”). Much of the annual statement concerns the investments themselves. Regional Centers must account for investor capital, explain how that money has been used, and provide evidence of progress on each investment project (“Project”). This includes reporting the number of direct jobs created or preserved and providing evidence that the investment capital has been committed to the

Read more >
Lần Đầu Nhập Cảnh Hoa Kỳ

What to Do on Your First Day Entering the United States as a New Immigrant

Arriving in the United States with an immigrant visa is a major milestone. Your first entry is different from an ordinary visit because, for many immigrant visa holders, admission by United States Customs and Border Protection (“CBP”) is the point of when their lawful permanent resident status (“Green Card”) begins.  The first day may feel overwhelming.  You may be wondering what will happen when you arrive, which documents you need, and what you should do once you leave the Port-of-Entry. At Enterline and Partners, our U.S. immigration attorneys help clients prepare for the immigration process before and after their visa issuance. Knowing what to expect when entering the U.S. as a new immigrant can make the transition easier and help you avoid preventable problems. What Happens When You First Enter the United States as an Immigrant? After you arrive at a U.S. airport, you will go through the CBP immigration

Read more >

What Is a Request for Evidence from USCIS and What Should You Do?

Receiving a Request for Evidence (“RFE”) from United States Citizenship and Immigration Services (“USCIS”) can be unsettling, especially when you have already spent months or even years preparing and waiting for case results.  However, an RFE does not automatically mean USCIS plans to deny your application or petition. Instead, USCIS is asking for more information before it makes a decision. What matters next is understanding exactly what the RFE notice says and providing a complete response by the deadline. If you receive an RFE and are unsure what to do, take the notice seriously but do not assume the worst. At Enterline and Partners, our experienced U.S. immigration attorneys can review the request, identify what USCIS is looking for and help you prepare a response that addresses the issues raised. What Does a Request for Evidence Mean? An RFE is a formal notice from USCIS asking you to provide additional

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo