The United States Citizenship and Immigration Services (“USCIS”) has posted an “Alert” on its “Approved EB-5 Immigrant Investor Regional Centers webpage”. The Alert explains how the USCIS will handle relevant petitions and applications following the sunset of the Immigrant Investor “Regional Center” Program (the “Program”).
We emphasis herein guidance related to EB-5 investors who have filed Form I-526 Immigrant Petition by Alien Investor (“I-526 Petition”) and Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (“I-829 Petition”).
The lapse in authorization does not affect I-526 Petitions filed by investors who are not seeking a visa under the Program, often referred to as “Direct” EB-5. During the lapse in authorization, the USCIS will reject newly filed I-526 Petitions in which the petitioner’s investment is associated with an approved regional center.
The USCIS will not act on any pending I-526 Petitions until further notice. If you are a petitioner that has received written correspondence regarding an I-526 Petition, such as a request for evidence or a notice of intent to deny on or before June 30, 2021, you should review the written correspondence and respond by the due date. Although the USCIS will not review your response at this time, it will receive and maintain the response for review if circumstances change.
The USCIS will continue to accept and review Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, in the normal course, including those filed on or after July 1, 2021. This is because such petitioners are already admitted as lawful permanent residents (with a condition) and are not subject to a lapse or end of the Program.
The USCIS will also continue to accept Form I-485, Application to Register Permanent Residence or Adjust Status, based on an approved I-526 Petition. However, it will not act on the application while the Program is lapsed. Accompanying applications for Advance Parole and Employment Authorization should not be affected and should still be available.
If you have any questions about the Alert and how it might affect your situation contact us at firstname.lastname@example.org and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.