Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

Status of the EB-5 Regional Center Program in January 2022

Six months have passed since the EB-5 Regional Center Program (“Program”) expired and Congress has still not taken any steps towards its renewal.  Originally enacted in 1993, the Program was a pilot, or test, program and was never made permanent.    The Program had been extended on a regular basis for 28 years until June 30, 2021 when it lapsed without extension.

As a result of the lapse, tens of thousands of investors and their family members are without any visa category (I5 and R5) to process their immigrant visas and obtain conditional permanent residence.

The original EB-5 visa category, commonly referred to as “EB-5 Direct”, was signed into law in 1990.  It is permanent law and remains available.   Any investor that made an investment into a new business which can show at least 10 jobs were or are likely to be directly created by his or her investment can still qualify for their “Direct” EB-5 visas.

Unfortunately for approximately 97% of EB-5 investors – those who participated in the Program – there is no clear relief in sight. While it is rumored that the Program will be reinstated in February when the U.S. Federal budget is extended, this is mostly EB-5 stakeholder’s wishful thinking and reaching for hope.  This is amplified by many stakeholders, mostly immigration agents that receive fees from EB-5 businesses, and EB-5 regional center businesses that have a financial interest to keep potential investors focused on the possible future reinstatement of the Program and not decide to invest into a business that would qualify them for EB-5 Direct.  The same rumors circulated before the end of the U.S. fiscal year on September 30, 2021, and again when the U.S. Federal budget was extended to December 2021.   Sadly, there are strong differences of opinion among members of Congress whether the Program should return, and strong differences of opinion among stakeholders about in what form it should return.

I personally think there will not be consensus, and as a result, there will not be a new Program this February.

A silver lining is that there is strong support for a special law that would help all investors and family members who made an investment before the expiration of the Program.  There is at least one group that is working to submit a bill in Congress that would do this.

Some would argue that those investors who decided to invest under the Program knew the risk that it may not be extended.  While that is true, to offer an immigrant investment visa program designed to attract billions of dollars of investment into the U.S., then accept applications for investors to immigrate, and then deny them that benefit because a few individual Congressmen do not like the program, is un-American.   The U.S. should honor its commitment to these foreign national investors who risked making a considerable investment to obtain the “American Dream”.

I am of the opinion that sometime soon in 2022 such a bill will be passed into law, so if you are an investor waiting, hopefully the wait will not be much longer.

If you have questions about the EB-5 immigrant investor visa and the Program, contact us at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers 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

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain undocumented immigrants to obtain lawful permanent residents who are spouses and stepchildren of U.S. citizens, “exceeded its statutory authority and is not in accordance with the law.”  Judge Barker further added that the program “focuses on the wrong thing, in identifying ‘significant public benefits’- the benefits of aliens’ new legal status – rather than their presence in the country.”  At the time of publishing this article, it is unclear whether the Biden Administration will appeal Judge Barker’s ruling.  For more information on this ruling, please contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7

Read more >

What is a K-3 Nonimmigrant visa?

A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to shorten the time that a foreign spouse is separated from his or her U.S. citizen spouse during the immigration process. The K-3 visa is specifically for foreign spouses of U.S. citizens who have already filed their I-130 Petition but have not received an approval. In order to file for a K-3 visa, the U.S. citizen spouse must first file an I-130 Petition with USCIS. Afterwards, the U.S. citizen spouse files a Form I-129F Petition for Alien fiancé(e). (“I-129F Petition”) with supplemental documentation.  If the I-129F Petition is approved before the I-130 Petition, the foreign spouse can consular process for a

Read more >

Can I send my Absentee Ballot to a U.S. Embassy or Consulate for the Upcoming Presidential Election?

We have previously discussed who is eligible to vote in U.S. elections and how American citizens abroad (i.e. Vietnam, the Philippines, and Taiwan) can send their ballots by mail or use designated dropboxes to vote for their presidential and state and local candidates. U.S. citizens who are unable to physically drop off their ballots at certain locations in Vietnam, the Philippines and Taiwan may also mail their ballots directly to the U.S. Consulate in Ho Chi Minh City, the U.S. Embassy in Manila, or the American Institute in Taiwan in Taipei at the following addresses: U.S. Consulate Ho Chi Minh CityAmerican Citizen Services Unit4 Le Duan Blvd. District 1Ho Chi Minh City, Vietnam U.S. Embassy ManilaAmerican Citizen Services Unit1201 Roxas Blvd.Manila, Philippines 1000 American Institute of TaiwanAmerican Citizen Services Unit100 Jinhu Road Neihu DistrictTaipei, Taiwan 114017 When sending sealed ballots to the addresses above, registered voters will need two envelopes.

Read more >