August 31, 2022

Settlement Agreement Confirms EB-5 Regional Center Program and Investors Can Move Forward

On August 25, 2022 a settlement was reached in two cases between multiple plaintiffs against the United States Citizenship and Immigration Services (“USCIS”) that re-authorized previously approved regional centers which USCIS had deauthorized following the enactment of the EB-5 Reform and Integrity Act in March 2022.

The settlement agrees to the following conditions:

Previously authorized regional centers retain their authorization;
Previously authorized regional centers that have not yet filed Form I-956 must do so by December 29, 2022, along with the filing fee, to maintain authorization;
Previously authorized regional centers need not wait for approval of their Form I-956 to file and receive adjudications from USCIS;
Previously authorized regional centers may immediately file Form I-956F project applications;
If, after filing a Form I-956F, a regional center does not receive a formal receipt notice within ten calendar days of delivery to USCIS, an investor may use other evidence of the I-956F filing with their Form I-526E petition, such as a lock box receipt or cashed check or credit card charge provided by the regional center to the investor;
The failure of a previously approved regional center to file a Form I-956 application or amendment will not, standing alone, be a basis for USCIS to deny an investor’s Form I-526 or Form I-829 petition;

USCIS will update its website, forms, and instructions to conform to the terms of the settlement agreement.

If you have questions about the EB-5 immigrant investor visa, contact 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, EB-5 Reform and Integrity Act of 2022 (RIA), United States Citizenship and Immigration Services (USCIS)

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