USCIS Guidance for Regulations

USCIS has finally reacted to the court decision on the EB5 Modernization Regulation, with an Alert and note published at https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program

Alert: On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF). While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including: 

–No priority date retention based on an approved Form I-526;

–The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;

–Permitting state designations of high unemployment TEAs; and

–Prior USCIS procedures for the removal of conditions on permanent residence.

In other words, we are applying the regulations in effect before Nov. 21, 2019, on this website and in the USCIS Policy Manual, Volume 6, Part G, Investors. In addition, we again will accept the April 15, 2019, version of Form I-526, Immigrant Petition by Alien Entrepreneur, because the Nov. 21, 2019, version of the form reflects updates from the now-vacated rule.

The USCIS main page has a slightly different alert:

On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule. We will apply the EB-5 regulations that were in effect before Nov. 21, 2019, and accept Form I-526 petitions filed on the April 15, 2019, version, which is the only form that DHS updated as part of the vacated rule. DHS, along with the Department of Justice, is reviewing the court’s ruling and is considering all judicial and administrative options for preserving important changes made by the vacated regulation. For more information, see the EB-5 Immigrant Investor Program page on our website.

About Suzanne (www.lucidtext.com)
Suzanne Lazicki is a business plan writer, EB-5 expert, and founder of Lucid Professional Writing. Contact me at suzanne@lucidtext.com (626) 660-4030.

7 Responses to USCIS Guidance for Regulations

  1. Harminder Sidhu says:

    I have filled my i-526 on 29 june 2021 through regional centre. Will i get the receipt number? Or my file will also be on hold till it gets reauthorized?

    • USCIS certainly should issue a receipt number. I could also imagine them trying to use some technicality excuse to reject regional center I-526 filed after June 22 but before July 1. Please let us know when you get your receipt notice! USCIS can be slow in issuing receipt notices, even when there’s no funny business.

      • Harminder Sidhu says:

        Hello Suzanne.
        My lawyer sent me the receipt number today and it shows that my file was received on 29th june 2021.

        Thanks

    • Investor says:

      Hi Same is my case, I filed I526 on 29 Jun thru RC, I did received my tracking number, but receipt not yet received. I assume it comes within 4 weeks. Hopefully they should issue receipt number at the earliest. Fingers Crossed.

  2. Brij says:

    “No priority date retention based on an approved Form I-526;”

    What does this mean? Does it mean interviews are scheduled based on I-526 approval date and not based on filling date?

    • No. “Priority date retention” was a specific investor protection offered by the EB-5 Modernization Regulations, applicable in certain circumstances when the I-526 was denied. That limited protection now goes away so long as the regulations are vacated.

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