Enterline & Partners Consulting | info@enterlinepartners.com

EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 (“Act”) was passed by Congress and signed by President Biden on March 15, 2022.  Most of the provisions of the Act will become effective 60 days from enactment, which will be the middle of May 2022.  The Act includes many changes to the EB-5 immigrant visa category.  Most important for current investors is that the Act reauthorizes the Regional Center Program (“Program”) and allows all those investors who have filed an I-526 Petition before the Program lapsed at the end of June 2021 to move forward with their EB-5 application process.

Investors should expect some delay in the United States Citizenship and Immigration Services (“USCIS”) and the United States Department of State (“DOS”) ramping up its processing of EB-5 cases, so action on your case may not happen immediately.

Investors are in many stages of the process.  Some are still waiting for I-526 Petition approval while some investors will once again be waiting for EB-5 visa numbers to become available.  The DOS Visa Bulletin will be reset and it is expected that investors from China and Vietnam will once again have to wait for visas to become available.

Some investors had interviews scheduled at their U.S. Consulate which were canceled at the end of June last year when the Program expired.  These interviews should be rescheduled hopefully soon.  Others are waiting for an adjustment of status interview in the United States.

It is important to note that some investors will still be affected by COVID issues, such as the continued slower processing by the USCIS and DOS, and the lower capacity of U.S. Consulates to schedule immigrant visa interviews.

It will be important to be patient a while longer.   At least relief is coming for the tens of thousands of investors who have invested a considerable amount of money into the U.S. to obtain lawful permanent residence for themselves and their families.

If you are an EB-5 investor and have questions about your case, contact us at info@enterpartners.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: +63 917 543 7926

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

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

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.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

When researching U.S. family visa application options to the U.S., some couples may inquire on what the K-3 visa is and whether it is the fastest U.S. visa for family members based on marriage. Defining the K-3 Visa A K-3 visa is a non-immigrant visa issued to a foreign spouse married to a U.S. citizen. Like a K-1 visa, a K-3 visa is also filed using a Form I-129F Petition for Alien Fiancé(e) (“Form I-129F”).  It is intended to shorten the separation period between the married couple allowing the foreign spouse to enter the United States while awaiting approval of his or her Form I-129F and subsequent immigrant visa. Differences Between K-3 and CR-1/IR-1 Visas Unlike a CR-1/IR-1 U.S. visa in which the foreign spouse would arrive in the United States as an immigrant and be granted lawful permanent resident status (“Green Card”) upon arrival, a K-3 visa requires the

Read more >

Priority Processing for Investments Made In Rural Areas

The EB-5 Reform and Integrity Act of 2022 (“RIA”) establishes priority processing for rural areas, ensuring that Form I-526/I-526E Petitions (“Petitions”) filed for business or projects in these areas are expedited. Under this provision, Petitions for EB-5 investments in rural areas shall be prioritized in processing and adjudication, allowing investors and project developers in these areas to benefit from faster review times and reduced delays. Any Rural or High-unemployment area identified by the Secretary of Homeland Security is considered a Targeted Employment Area (“TEA”). Rural areas are those located outside the geographic boundaries of a metropolitan statistical area and outside cities or towns with a population of 20,000 or more, based on the most recent decennial census. This classification is to encourage EB-5 investments into target areas that are genuinely rural and in need of economic stimulation. Priority processing for rural areas supports the EB-5 program’s broader goal of stimulating

Read more >

Know Your Rights: What to Do if You Are Detained at a U.S. Port of Entry (for Lawful Permanent Residents)

Updated for 2025: Heightened Enforcement at Ports of Entry Like all international travelers, lawful permanent residents (LPRs)—also known as Green Card holders—are subject to inspection by U.S. Customs and Border Patrol (CBP) when arriving at an airport or land port of entry. While LPRs enjoy greater rights than nonimmigrants when returning to the United States after travel abroad, all noncitizens now face increased scrutiny at the border for past immigration issues, interactions with police, and political activity. It is important that you know your rights when returning to the United States. Secondary Inspection: If questions arise and CBP is unable to admit you quickly, you may be taken to a separate area for “secondary inspection.” Being sent for a secondary inspection by itself does not necessarily mean you are in trouble, but you may be held anywhere from a few minutes to several hours or longer. During secondary inspection, CBP

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo