The EB-5 Regional Center Program expired at midnight last night. We expect this to be a temporary lapse as Congress negotiates how to reform the program.
What does this mean for EB-5 investors in the Regional Center Program?
It depends where you are in the process…
1. Anyone applying for EB-5 through Regional Center Program from today:
Your application will be rejected
2. Anyone who has filed form I-526 prior to the deadline but not yet received an adjudication:
Your application will not be rejected, but USCIS will not work on your case until further notice
3. Anyone who has filed an I-526 prior to the deadline and has received written correspondence (such as a Request for Evidence):
You must respond to written correspondence (if required) by the given deadline, but USCIS will not review your response until further notice.
4. Anyone filing form I-485:
USCIS initially said you could file new I-485s but it would not be processing any new or existing I-485s. It later revised its position to say it would REJECT all I-485s until further notice.
5. Anyone on a Conditional Green Card filing form I-829:
USCIS will continue to accept and process all I-829s
The above only relates to the EB-5 Regional Center program. Anyone on Direct EB-5 is unaffected. Direct EB-5 is permanently authorized. USCIS continues to accept and process new and pending Direct EB-5 petitions.
The minimum investment level for Direct EB-5 remains at the reduced level of $500,000. We anticipate a small window before a higher investment level is reinstated.
Stay tuned for more from Davies & Associates about Direct EB-5 in the coming days.
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