New EB-5 Regulations Effective as of November 21, 2019

Under the EB-5 Regional Center Program, once a business plan and investment offering have been approved, the approval not only affects the Regional Center itself but is also to the subsequent Form I-526E Petitions (“Petitions”) filed by EB-5 investors participating in the same offering. The RIA addresses the binding effect of such approvals, the circumstances in which an approval may no longer be binding, and the procedures for amendments when changes are made to an approved investment offering. Approval of a Business Plan Is Generally Binding Under the applicable provisions, once an application involving an investment in a Regional Center’s New Commercial Enterprise’s (“NCE”) Form I-956F has been approved, that approval is generally binding for purposes of adjudicating subsequent related Petitions. This binding effect of the Form I-956F also extends to the I-829 Petition by Investor to Remove Conditions on Permanent Resident Status (“I-829 Petitions”) filed by the same investors