April 15, 2022

USCIS Posts Notices Regarding the EB-5 Regional Center Program Petition Processing

The United States Citizenship and Immigration Services (“USCIS”) has posted several alerts on its EB-5 Immigrant Investor Program webpage updating the public on the status of Form I-526 and Form I-829 Petitions. The alerts read:

“Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We will adjudicate Form I-829 petitions associated with Form I-526, Immigrant Petition by Alien Entrepreneur, filed before March 15, 2022, under the applicable eligibility requirements in place before the enactment of the EB-5 Reform and Integrity Act of 2022.”;

And,

“Alert: We have resumed processing regional center-based Form I-526, Immigrant Petition by Alien Entrepreneur, filed on or before the sunset of the previous regional center program on June 30, 2021.”

We have resumed processing regional center-based Form I-526, Immigrant Petition by Alien Entrepreneur, filed on or before the sunset of the previous regional center program on June 30, 2021. We will adjudicate all Form I-526 petitions filed before March 15, 2022, according to the applicable eligibility requirements at the time such petitions were filed (that is, the eligibility requirements in place before the enactment of the EB-5 Reform and Integrity Act of 2022…We will continue to process Form I-526 petitions under the visa availability approach, prioritizing those Form I-526 petitions for investors with an available visa or a visa that will be available soon.

We will continue to reject all Form I-526 petition(s) received on or after July 1, 2021, when it indicates that the petitioner’s investment is associated with a regional center.

This is welcome news as it clarifies some uncertainty in when and how USCIS is treating these Petitions. We hope to see rapid growth in Petition approvals in the coming months.

If you are waiting for approval of an I-526 Petition or an I-829 Petition and have question about the processing, contact us to speak with us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

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Copyright 2022. 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.

Categories: Immigrant Visa

Tags: EB-5 Immigrant Investor Visa, Form I-526, Form I-829, United States Citizenship and Immigration Services (USCIS)

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