Ryan Barshop Esq., Delivers Presentation at the American Immigration Lawyers Association (AILA) Annual Conference

The EB-5 Reform and Integrity Act of 2022 (“RIA”) introduced several important changes to the EB-5 Regional Center Program. One of the most important protections for investors is commonly referred to as the “grandfathering” provision found in Section 108 of the RIA, titled “Protection from Expired Legislation.” Since its creation in 1993, the EB-5 Regional Center Program has always been a pilot, or “test”, program.  Historically, it has required periodic reauthorization by the United States Congress. In the past, temporary lapses in authorization created uncertainty for investors with pending I-526E, Immigrant Petition by Regional Center Investor petitions. Many investors were at risk that USCIS would stop processing their cases if the Regional Center Program expired before petition approval or visa issuance. To address these concerns, Congress included additional protections in the RIA intended to help investors continue moving forward with their immigration process even if the Regional Center Program expires