In-process EB-5 applicants and legislative stakes

For whose sake should Congress act on EB-5 legislation? The discussion tends to focus on the future of the regional center program, and the question of potential and protections for future EB-5 investment. However, past EB-5 investment must also weigh on the discussion. Regardless of its future, EB-5 certainly has a past: tens of thousands of foreign nationals who heeded the EB-5 incentive created by Congress to invest in job-creating U.S. business through the regional center program, but who do not yet have the offered incentive. Tens of thousands of past regional center EB-5 applicants do not yet have visas. Their on-going process depends on legislation to reauthorize the regional center program, or at least to offer existing investor protections in case of expiration.

Why are people whose EB-5 investment was made and spent many years ago still a factor in today’s immigration policy discussion?  Because: they haven’t immigrated. Contrary to popular belief, EB-5 investment does not purchase a green card. EB-5 only allows foreigners to potentially qualify for green cards in the future based on job creation resulting from qualifying investment.[i] The “EB” in EB-5 stands for “employment-based” not “investment-based.” The ultimate condition for immigration success is not satisfied at the beginning of the process, with the initial investment, but at the end of the process, with proven job creation. This process takes at least five and up to over 20 years. Meanwhile, in-process regional center investors who do not yet have visas represent at least $23 billion dollars currently at work in the U.S. economy.[ii] Table 1 quantifies the population of regional center EB-5 investors and applicants who are currently already in the EB-5 immigration process.

Table 1. EB-5 Process Timing and Population as of 2020

EB-5 Process StageEB-5 investor received a visa yet at this stage?EB-5 investment must be deployed at this stage?Estimated Timing as of 2020Estimated number of regional center investors at this stage as of 2020Estimated number of regional center applicants (investors + family) at this stage as of 2020
Start: make investment and initiate the immigration process     
Qualify for conditional permanent residence (I-526 + visa application)NOYES2-17+ years[iii]Over 40,000[iv]Over 80,000 [v]  
Conditional permanent residence stageYES (conditional)YES2 years[vi]About 6,000[vii]About 18,000[viii]
Remove conditions on permanent residence (I-829)YES (conditional)Not required for immigration1-5 years[ix]Over 9,000[x]About 21,000[xi]
Finish: Proven job creation and  permanent residencyYES  Not required for immigration   
Total  5-20+ yearsOver 55,000About 119,000

When the regional center program expires, then the 80,000+ regional center investors and applicants who do not yet have conditional permanent residence status lose eligibility for an EB-5 green card. This hard fact under current law is evident today, as USCIS is not accepting or acting on Form I-526 or I-485 from regional center investors, and Department of State is not issuing visas to regional center investors. (People who have conditional permanent residence status still have opportunity to complete the immigration process and remove conditions. USCIS continues to accept and adjudicate regional center I-829.) Since June 30, 2021, the immigration process for regional center EB-5 investors has just been frozen, waiting for Congress to act. If Congress does not act, the process will eventually unfreeze, and petitions and applications will be denied. This ends the EB-5 immigration hope but not the investment, which is still held by private parties who can hardly be ordered to suddenly undeploy and return the funds. If the chance for visas is lost, that’s a multi-billion dollar disaster waiting to happen for deployed investment. Switching midstream from regional center to direct investor status is unfortunately impossible due to indirect job creation and material change. Legislation is the only path forward to protect the program as a whole, or at least its past investors.

The moral of the story: (1) industry advocates, remember the size of the constituency that depends on your fiduciary duty, as you gamble for RC program authorization, and (2) investor advocates, push for legal changes that would at least protect in-process investors from mid-stream RC program changes. AIIA has been working for a Foreign Investor Fairness Protection Act (FIFPA) that would provide such protection, and is currently raising funds for a lobbying effort to push the bill.  


[i] USCIS Policy Manual, Volume 6 Part G Chapter 1(A): “The Immigration and Nationality Act (INA) makes visas available to qualified immigrant investors who will contribute to the economic growth of the United States by investing in U.S. businesses and creating jobs for U.S. workers. Congress created this employment-based fifth preference immigrant visa category (EB-5) to benefit the U.S. economy by providing an incentive for foreign capital investment that creates or preserves U.S. jobs.” In contradistinction to some “golden visa” programs around the world, the U.S. EB-5 program is not a “cash for passports” arrangement. For more background see “The Changing Landscape of Immigrant Investment Programs” (October 25, 2019) by Congressional Research Service. https://crsreports.congress.gov/product/pdf/IF/IF11344

[ii] EB-5 investment must remain sustained in the U.S. enterprise and deployed (“at risk”) at least through the end of the investor’s conditional permanent residence period. USCIS Policy Manual Vol. 6 Part G Chapter 5(A)2. Approximately 46,000 regional center investors have not yet reached the end of the conditional permanent residence period, as calculated in Table. 1. Each of these investors must have invested a minimum of $500,000.  46,000x$500,000=$23 billion

[iii] The process to qualify for conditional permanent residence starts with I-526 petition processing, and ends with a visa application and wait for visa availability. I-526 processing has taken 1-5 years, according to processing time reports from USCIS. https://www.dropbox.com/s/dfa4ifgop1vhm63/IPO%20Times%20Dates.xlsx?dl=0 For countries with no visa wait, the visa application normally takes six months or more. Countries with historically high EB-5 demand face a long wait for visa availability at this stage. As of October 2020, Charles Oppenheim, Chief of the Visa Control & Reporting Division at the U.S. Department of State, estimated wait times for EB-5 visa availability for investors filing I-526 “today.” The longest wait time, for China-born investors, was estimated at 17.2 years. The wait times for Vietnam and India were estimated at 7-8 years. See slide 10 of “Part 1: A discussion with Charles Oppenheim” (November 19, 2020) 2020 IIUSA Virtual Forum https://iiusa.org/wp-content/uploads/2020/11/Virutal-Industry-Forum-Visa-Update.pdf

[iv] As of April 2020, USCIS reported 16,633 pending I-526 petitions for EB-5 investors, and 24,005 approved I-526 petitions for EB-5 investors who did not have visa availability yet according to the visa bulletin. A third category is unreported, but likely in the thousands: approved I-526 with visas available but not yet issued. Over 95% of these pending and approved I-526 are likely for regional center investors, judging by past experience. (The regional center category accounted for 95% of EB-5 visas issued from 2012 to 2019.) References: “I-526 Performance Data FY2020 Q1” https://www.uscis.gov/sites/default/files/document/data/I526_performancedata_fy2020_qtr1.pdf “Count of Approved I-140, I-360 and I-526 Petitions as of April 20, 2018 with a Priority Date On or After May 2018” https://www.uscis.gov/sites/default/files/document/data/EB_I140_I360_I526_performancedata_fy2020_Q1_Q2.pdf and “Annual Report of the Visa Office” https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports.html

[v] Charles Oppenheim, Chief of the Visa Control & Reporting Division at the U.S. Department of State, estimated a grand total of 83,003 prospective EB-5 visa applicants in process as of October 2020. This estimate includes applications on file at the National Visa Center and estimated applicants associated with I-526 petitions pending at USCIS. It does not include EB-5 applicants with pending I-485 status adjustment petitions: a population in the thousands. Over 95% of the estimated total EB-5 applicants are likely associated with regional centers, judging by past experience. (The regional center category accounted for 95% of EB-5 visas issued from 2012 to 2019.) See slide 9 of “Part 1: A discussion with Charles Oppenheim” (November 19, 2020) 2020 IIUSA Virtual Forum https://iiusa.org/wp-content/uploads/2020/11/Virutal-Industry-Forum-Visa-Update.pdf

[vi] The Conditional Permanent Residence Stage is defined as two years from the date that the green card was granted. USCIS Policy Manual Vol 6. Part G Chapter 5

[vii] People in the CPR stage in 2020 received green cards in 2018-2019. In 2018, 3,160 visas were issued to principal applicants through the regional center program. In 2019, 3,135 visas were issued to principal applicants through the regional center program. See Table 7 of the DHS Yearbook of Immigration Statistics for 2018 https://www.dhs.gov/immigration-statistics/yearbook/2018/table7 and 2019 https://www.dhs.gov/immigration-statistics/yearbook/2019/table7.

[viii] People in the CPR stage in 2020 received green cards in 2018-2019. The Department of State reports issuing 8,995 regional center EB-5 visas in 2018, and 9,064 EB-5 visas to regional center investors in 2019. These figures include investors (principal applicants) and family members. See “Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State of Chargeability): Fiscal Year 2019” https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2019.html and “Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State of Chargeability): Fiscal Year 2018” https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/annual-reports/report-of-the-visa-office-2018.html

[ix] I-829 processing has taken 1-5 years, according to processing time reports from USCIS. https://www.dropbox.com/s/dfa4ifgop1vhm63/IPO%20Times%20Dates.xlsx?dl=0

[x] As of March 30, 2021, USCIS reported 10,309 I-829 petitions pending, of which over 90% were likely filed by regional center investors. (91% of EB-5 visas issued 2010 to 2017 were issued to EB-5 investors.)

[xi] Assumes that the ratio of total visas to investor visas is about the same at Stage 3 as Stage 2.

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.

48 Responses to In-process EB-5 applicants and legislative stakes

  1. Peter says:

    Qualify for conditional permanent residence (I-526 + visa application) = 2 to 17+

    Thats the point.

    Its very misleading that regional centers are advertising 14 months or less. Just to point on a national average processing time is not fair. Well… 14 months sounds better to collect the money instead of 17 years and more 😂

    I hope the industry is taking action and to say realistic time frames.

    Thats just my opinion.

  2. Charlie says:

    Brilliant as always, Suzanne! If only Congress (and the USCIS itself) had the same understanding and respect that you have for the EB-5 visa, we would receive the treatment we deserve as investors and job creators in the US.

    As a conditional green card holder, I first feel terrible for fellow investors who have not yet achieved such status. It is impossible not to feel their pain and despair being on this journey myself for 7 years (and yet to receive both the permanent green card and the invested money).

    Secondly, although those who have already applied for I-829 seem to be safe from the point of view of processing their petitions, the truth is that no one can guarantee that there will not be a total collapse of the regional center industry, including general bankruptcy, if the program is not reauthorized. Will they be able to continue to support investors in the event of an RFE requesting clarification on the creation of the necessary jobs? Ultimately, will they be able to return investors’ money?

    Interesting enough, many of us decided to leave our respective countries precisely because of the absence of legal certainty and respect for people. Net, I feel we are all at risk no matter where we are on the journey. Honestly, I still hope that common sense prevails and that they at least decide to grandfather the situation of those who have already entered the process. It is simply the right thing to do!

    • Peter says:

      Right, good that the lobby wrote a draft bill already. And still the majority of investors have a pending I-526.
      So… what risk can we face of a pending I-829? Congrats to you Charlie for your safe harbour. Its more important to exchange information regarding all pending I-526.

  3. Cecilia says:

    Suzanne, You and AIIA are the only ones I feel really care about and support us investors. Cannot begin to tell you my stress level this last few months. Like Charlie said we applied for Eb5 because we wanted to live in a country where the law and it’s citizens are respected. Now I don’t know anything , anymore. I’m questioning my decision to immigrate. It has drained all hope , all the joy I had when I filled my petition. Thank you once again for an amazing post because you’re our voice when we feel no one is listening

    • Peter says:

      Cecilia, what regional center did you choose? Did they tell you also you could get the greencard in less than 14 months? When did you file your I-526 petition? It would be great to share the experience with other investors. Thank you

      • Serg says:

        Anyway, by the end of September, it will be pretty clear for all of us (investors who’re still waiting their conditional greencards) if we’re screwed or not. Probably we need to prepare for a worst case scenario to fight for our rights in court. Many years ago when similar investment program got terminated in Canada, investors sued Canadian goverment and eventually got their residenceships.

      • Cecilia says:

        Peter I shared all this info when I joined the AIIA groups in telegram. I encourage everyone who hasn’t yet , to do so .

        • Peter says:

          Is that the telegram group that you need to share your case number? Then I consider it as unserious, we can talk also without case numbers – just here.

          I understand that its in interest to keep opinions and information out of the web. Because it doesnt help to acquire new EB-5 investors.

          As investor i cant recommend anybody to invest until now. Any tourist or refugee is getting faster a visa than an investor. And the industry doesnt care at all.

          Where is a draft of a bill to optain a temporary greencard after the petition is filed – within 30 days?

          The lobby forgot it since 20 years… right?

          I am not talking about the current reform bill S 831 to be approved within 240 days, even this is a joke.

          Instead of to fight for the investors to get faster a temporay greencard they try to be the angel with a draft bill of Foreign Investor Fairness Protection Act (FIFPA), which will not be approved – because its only for the show/public relation. Thats just my opinion.

          • Kim says:

            I respectfully disagree that FIFPA is just a public relations effort. A PR effort by whom? The industry? FIFPA was written by AIIA, an organization established and led by current and former investors. AIIA is run primarily on the donations and volunteer work of investors. I highly doubt they are doing this for “show” — people have better things to do with their time and money.

            As far as I know, the industry had not previously written a bill that would grandfather investors in case of program lapse or termination. Industry groups might pay lip-service to the idea of grandfathering but based on their actions, it’s clear that grandfathering investors is not a priority for them (imo). They are not the ones doing the legwork to push this bill, though they might speak favorably of it.

            I am not personally involved with AIIA in any capacity but I do want them to have all the support they can get to carry FIFPA across the finish line. I will be donating and I hope everyone reading this will at least consider doing so as well.

            https://goaiia.org/take-action-1

        • BV says:

          can you call me the telegram channel

  4. Dil says:

    Thank you for shining a light on the travails of the EB-5 investors.

    As Charlie says above, even after receiving conditional PR, getting one’s investment back becomes uncertain if the Regional Centers get into financial distress; removing one’s conditions also could become a problem if the RC is unable to supply the required data.

  5. Peter says:

    Right, anyway… good to collect donations by fear + investment to catch up the “last” chance of 500k.

    Until today I read only perfect public relation through lobbies. Nothing else.
    All is and was planned in my opinion, there is zero reason to terminate the regional centers. The regional centers are well paid jobs and nice credits to build project, to resell project and to reinvest into new projects during a period of more than 8 years. Never forget after the first 10 jobs were created the regional center is done and just can work on the next projects with the same money to resell the next building. Circle of profits 🙂

    For all those real investors like me, don’t worry it will be reauthorized by end of September. Save the donations.

    • Peter says:

      https://www.blog.usimmigrationadvisor.com/tag/eb5-reauthorization/

      August 23, quote:

      There is support in Congress for putting the minimum EB-5 investment level back up – perhaps not as high as $900,000 but maybe to something in the $700,000 – $750,000. There is also interest in bringing the upper investment level (those outside of Targeted Employment Areas) down. The differential between TEA investments and non-TEA investments had been 100% (minimum investment outside a TEA is currently $1 million down from $1.8 million). This is one of the reasons Congress struggled to agree a reform proposal before the June 30 deadline.

      Davies & Associates is holding a webinar on this very subject today with CMB Regional Centers in person in their Dallas office.

    • Nikhil Tyagi says:

      Hi Peter
      ‘…will be reauthorized by end of Sep’ is what 2 different legal firms keep telling me.
      But no matter what happens, US legal system has shown quite the way what all uncertainties can happen in future. And how much this EB5 system is broken.
      I think investors like us should start a open dialog so many others like us understand what all can go wrong.

      • Peter says:

        I agree, we should start an open dialog through an independent blog so that we can share just our personal experience to make other investors aware about the situation.
        Finally, it shouldn’t be any sponsored blog by the lobby. Just as a hobby – Regional Center Uncovered, the Truth of the Immigrant Investor Program.

        It’s clear that the most investors are coming from China and India, and specially the Chinese investors do not like to share usually their opinion because of their culture but it shouldn’t be any reason to play with them or any other investors – just my opinion.

        No donation, because we hired and paid to you already in my opinion.
        Sorry, but I can not get over the donation topic.

        I hope that the conversation is helping some investors now and that this ping pong game between lobby and USCIS with mutual excuses is changing in the near future.
        Its not fair in my opinion to extend with all kind of reasons the waiting time for green cards only to be able to reinvest the money probably 3-4 times during the entire time. Unless the investors are getting at least their temporary green card after filing the petition, I guess thats all what an investor wants. Nobody of the industry couldn’t solve the “issue” within 20 years… “Impossible” would say a Chinese.

        For now, good that the blog has got a face (video). Thank you.

      • Bhavesh says:

        Hi Nikhil,

        I’m curious to know exactly which law firms are claiming that the RC program will be resuscitated by 9/30, and what’s their basis for making this claim, when there’s basically no movement in favour of renewing RCs, in either chamber of Congress?

        Bhavesh

    • veedster says:

      Hear, hear!

      As I said before Foreigners(investors) pumped in appx. $40,000.000,000 ( for those who are not good with numbers, that is USD 40 Billion- yes, with a B) invested through RCs.That is free money (no interest). At a time when America needs all the money, they can get their hands on, killing the program is illogical from a political perspective and a “bad untrustworthy business partner ” is not a badge of honor they want to add to the already heaped pile.

      A lot of lobbying is going on behind the scenes by major players.

      Also, why is USCIS appealing, when the very thing they are appealing is considered dead and buried? Is it necrophilia?

      I am confident that it will come back in some form in support of RC reauthorization, where the bulk of the money 90% is invested. That is no small coin.

      Waiting for Lazarus…….I have faith.

  6. Lee says:

    Most RCs would like nothing better than all EB-5 investors getting their I-526s and I-829s quickly adjudicated and not having to find redeployment projects to keep their moneys invested. But USCIS and Congress don’t really know how to handle the EB-5 area. The long processing times is beyond ridiculous.

    • CO says:

      I am not sure if that is the fact. In my opinion, most RCs would like to keep investor’s capital as long as possible in order to keep redeploying it again N again. Unfortunately I got sucked into this as in early 2018, even EB1 for India was retrogressed considerably. I did EB5 with the hope of exiting my visa slavery (give myself a career free of exploitation, discrimination and disparities) despite being a pioneer in my field. Unfortunately 2018 shutdown lead to massive processing delay and now lapse.

      In my personal opinion, we investors don’t matter to the EB5 industry at all. Only two things they care, prospective investors and how long can they keep our capital. Not saying that every actor is bad but lots of really bad apples. The current crisis is manufactured and is in fact a blackmail tactics to suit the business agenda.

      • waitingi485 says:

        This is so apt by CO.

        Anyone in US on EB category should think multiple times. Your hard earned money is sucked into EB5 RC system (Blackhole apparently) loses a lot of value due to inflation.
        By the time (Decade or more) your money is returned, if at all possible, is not the same value money when it left your bank account.
        Whoever said EB5 visa is fast, is a joke. Look at the timings provided by Suzanne for the last several years (cannot than her enough for this great initiative)

        RC are more than happy to stay in stucked loop. If no decision is made by end of Sep, everyone gains except the investors who are waiting for a Visa.

        With Billions of $$$ already in, there is a lot of greed to keep investors money in a fix.

        • waitingi485 says:

          Read this article published today in Forbes.
          Quite evident that program will need more fixing and might not be reauthorized until later this year or next year.

          https://www.forbes.com/sites/andyjsemotiuk/2021/08/30/uscis-appeal-sparks-speculation-about-the-eb-5-foreign-investor-program/?sh=4b45be8f5c17

          • CO says:

            Thank you. I think for majority of us already in USA, EB5 has proved to be the worse decision of our life by now. Not that program is wrong, it is actually designed to be a good program on paper but no grandfathering clause to protect existing investors as well as no protection against deliberate deceit by industry makes it a deathly blackhole.

            The dark side of the bad apples are not only discrediting the program in a very negative light but also portraying America as an unreliable investment destination, which is sadly ironical because America in general is still a fair democracy for most part ( I say this despite awful experiences of last few years). In the age of lightening fast information , misinformation and disinformation, it is very unfortunate for USA. Longer this crisis goes on, worse will be the long term effects.

        • Peter says:

          American Greed – the next episode.

          Thats why we need to move forward if nothing is happening by end of September and we set up our own blog on Weibo, WeChat to make sure that we can spread our experience on all channels from China, over India and the rest of the world.

          We need to be public and to spread the words for Google and Baidu. No Telegram Chat. No greencards for us, no more investors for them. Thats my opinion and point of view of EB5.

          • CO says:

            Totally concur Peter. Important to save more people from falling in this deathtrap. Our lives are destroyed by the greedy elements, despite we giving everything to them. Let’s save others, if we can.

          • waitingi485 says:

            I agree.
            And I am totally on board to help on this open blog. It will certainly help those who are keen on filing via RC

          • waitingi485 says:

            EB1/2/3 category i485 approvals are coming in bulk. I will be sure depressed watching people from my EB2/3 category PD’s getting GC faster while I sit and wait for my EB5 invested money stink without a GC since US government is not keen on RC program anymore.

  7. Don says:

    https://youtu.be/qEqMiglzRS0 A very informative discussion by an RC operator and a prominent EB5 lawyer. They explain very clearly Direct EB5 vs. RC EB-5, legislation, possible outcomes.

  8. AZ says:

    Glad someone’s doing something. I’ve donated to AIIA (and to Suzanne a while ago 🙂

  9. Peter says:

    Good to know that at least Mr. Campion (watch the above video) is supporting us.

    Source: https://news.bloomberglaw.com/daily-labor-report/investor-visa-groups-haggle-over-expiring-programs-renewal
    Quote:
    EB-5 Investment Coalition board member Jeff Campion, CEO of a group of regional centers known as Pathways EB-5,…

    And who is the EB-5 Investment Coaltion?

    Source: https://www.opensecrets.org/federal-lobbying/clients/reports?cycle=2019&id=F193047

    Further infos: https://www.saveandcreatejobs.org/post/impact-of-the-lapse-in-eb-5-regional-center-program-on-investors-investments-and-job-creation

    Thats why I am saying: no donation. Its all included in your investment already 🙂

  10. AS says:

    In my humble opinion, AIIA is the only EB5 group existing investors can trust at this point. This is coming from a very concerned investor who is not associated with AIIA. The reason they are asking for donations is because they are a grass roots non profit organization who need funding to propel their agenda of protecting current investors. In fact they are trying to be transparent with how they use their funds. They have been very transparent with the information they share, and have nothing to gain if the grandfathering clause is introduced, unlike the industry who will not be able to use existing investors as bargaining chips if grandfathering is approved. I really want to believe EB5IC has noble intentions but it is hard to do so given they have been very secretive with their efforts and from what I have heard and read they were the primary opponents to the Grassley Leahy getting passed which is why we are in a lapse to begin with. Also lets not forget, none of the industry groups have proposed grandfathering existing investors in the past 20+ years which is very very disappointing. I would once again recommend all investors get behind AIIA and support them in whichever way we can.
    https://goaiia.org/

    • Peter says:

      In my humble opinion, lets not forget, none of the industry groups have proposed grandfathering existing investors because they (maybe) do not care. Those industry groups are spending good amounts of money to hire lobby firms (law firms) to follow their own interests.

      As you know E2 investors are trying to get a path to greencards as well since years and lobby groups are formed. But why maybe its not successful because its against the billion dollar market of EB5. Otherwise we all are taking E2.

      Maybe a faster way for some investors is just to go as refugee under LGTBQ protection. Lets not forget… all is about money. EB5 to invest and refugees to build – simple way to explain the immigration system. The greencard is only bait with a long waiting time. I prefer to talk public instead of to form another lobby.

  11. Whats Happening says:

    Whats Happening with EB5 RC reauthorization?

    India EB5 investor I526 approved. (currently in USA on H1B).
    Sharing updates with EB5 investor community.
    Timeline:
    I-526 filed 8 Nov 2018 Regional Center.
    Mandamus filed 26 Feb 2021
    Attorney updated 7 May 2021 – USCIS will response by 4 June 2021
    I-526 approved 11 June, 2021
    AOS filed 24 June, 2021 (filed I-485 AOS, I-765 EAD, I-131 AP)
    3 Sept 2021 received biometric notice for 2 of 4 family members for AOS.

    Not sure about whats happening.
    But I would say a step forward or may be not more of procedural maneuver by USCIS as they took fees.

    • EB5RCreauth says:

      Glad to hear. Something similar for me.

      I765/I131 applied in Feb/2021
      Approved in Aug/2021

      However
      i485 approved for spouse (derivative) on 06/30/2021
      i485 Principal pending (More than 21 months after filing)

      Not sure if this means anything to RC reauthorization.

      • jz1212 says:

        Thanks a lot for sharing. It is truly encouraging to hear that they are approving i765/i131 after 6/30. i have been waiting since last December for a renewal..

    • Zig says:

      In what state did you file the mandamus? Asking because it was really quicker than usual.

      • Whats Happening says:

        I-526 filed 8 Nov 2018 Regional Center. After no movement for more than 24 months and due to age out concern for my kid I decided to file for mandamus. But since then I had been tracking here on lucid text blog and some folks who had posted data. What I found that after change of government I-526 processing become faster. So thats why USCIS lawyers asked for more time for response. So not sure if my mandamus had an effect but by 11 June 2021 my I-526 was approved. But at least I got approval and immediately filed I-485 AOS, I-765 and I-131 by 24 June 2021. And then the RC EB5 program lapsed on 30 June 2021. So again I am not sure whats happening. Yesterday 3rd Sept 2021. I received biometrics notice for 2 of 4 applicants. This is all frustrating. But you cannot predict weather, government functioning and politics. My EB2 has priority date of Oct 2012 that is almost nearing 9 years of filing and EB5 3 years when I jumped into EB5 boat due to age out concerns the wait time then was 18 months to 24 months for I-526. That time I had never thought this program itself would lapse. And I am not even thinking of my investment here. Just basic expectation that I get my green card. Some of my immediate relatives in Canada have got their PR in 10 months and can become citizens in 3 years and one in Germany have got their PR in 5 years. I am in USA since 2008 and applied for EB2 in 2012. 9 years and since 2018 3 years for EB5 and do not know what will happen. (Sorry for the rant). But this is the only forum for folks like us to say out things. BTW I have even sent emails to senators and congress. Next step would be writing them letters every month or week. I am losing out on many good job opportunities and career progression and some business opportunities because I do not have green card. Legal immigration in USA is very badly handled by government administrative agencies.

  12. Whats happening says:

    Well in that case my lawyer took my money and did not file mandamus. Or all I posted is just some random timelines … smirk … smh. Anyhow investing 500K and paying fees to USCIS and lawyers I am already having buyers regret. Now comments like this … what a fool I am to share information with community. What a fool I am to file EB5 as I worried about my kids age out scenario as EB2 AOS filing dates progression had slowed down significantly in last 9 years … 🙂

  13. Charlie says:

    JUST RECEIVED IT FROM USCIS:
    —————————————————————
    EB-5 Immigrant Investor Program

    Do you have questions about the EB-5 Immigrant Investor Program, also known as the EB-5 program? USCIS would like to hear from you. Your feedback will help us plan future engagement events, update program content on our website and prepare communications materials.

    Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program expired at midnight on June 30, 2021. If you have questions about the EB-5 program, the sunset of the Regional Center Program, or any non-case-specific concerns, we invite you to submit them by emailing public.engagement@uscis.dhs.gov by Sept. 23 at 4 p.m. Eastern. Put “EB-5 Question” in the subject line. We will not address case-specific questions.
    ————————————————————
    Great opportunity to engage with them sharing our concerns about the program and current service level.

  14. Pingback: Lapse of EB-5 Regional Center Program Jeopardizes $15bn in Capital Investment, Nearly Half a Million Jobs – Advance Global Partners

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