Skip to Main Content
Publications

EB-5 Regional Center Law Expires; USCIS Clarifies Interim Approach

Share

On June 30, the U.S. Citizenship and Immigration Services (USCIS) issued clear guidance about how it will implement the expiration of the regional center law as of midnight, until any renewal legislation becomes enacted or USCIS makes some other announcement in the absence of such renewal over time.

As anticipated in our recent alert about the "Swirl of EB-5 Developments," USCIS will not accept new I-526 petitions by regional center sponsored investors and will not accept any I-924 filings from regional centers (for regional center designation or amendment or for exemplar approval of projects). Surprisingly, USCIS will accept adjustment of status applications (Form I-485) by such investors and family in the U.S. based on an approved I-526 petition. USCIS will hold in abeyance any such I-526, I-485, or I-924 filings until further notice. Investors in "direct EB-5 projects" may continue to file I-526 petitions (and for investments as low as $500,000 under a court injunction of new regulations), and USCIS may approve them. The expiration of legislation will not prevent filing or adjudication of I-829 petitions by investors, even sponsored by regional centers. If you have any questions, please contact the author or any member of Baker Donelson's Immigration Team.

Subscribe to
Publications

Author

Have Questions?
Let's Talk!

To discuss how this topic could affect
your company, click above to email us.

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept