USCIS Website Alert 10/4 Update

The EB-5 page at USCIS.gov has updated its alert regarding policy for processing during the regional center program sunset. I’ve copied below a redline that compares the Alert published on October 4, 2021 with the the Alert previously published on July 1, 2021. The major difference is that USCIS now gives a deadline for re-evaluating its “hold” policy (end of calendar year 2021), and states that Form I-765 and I-131 continue to be accepted and adjudicated for “these” (undefined) pending Forms I-485. The Alert does not say that USCIS will start denying petitions on January 1 if the RC program is not reauthorized by that time, but does warn that they’ll reevaluate at that point. Congress seems to need cliff-hanger deadlines to make them act, and USCIS is now offering one.

I haven’t enabled comments for this post, because I’ve noticed my blog discussion tending in an unconstructive direction. In lieu of commenting on this post, I encourage contacting legal advisors with any questions about the policy, and contacting advocacy groups to support efforts to expedite reauthorization and protect in-process regional center applicants and their investments.

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USCIS Website Alert as of July 1October 4, 2021

Alert: Statutory authorization related tofor the EB-5 Immigrant Investor Regional Center Program expiredended at midnight on June 30, 2021. This lapsesunset in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program. Due to the lapsesunset in authorization related tofor the Regional Center Program, USCISwe will reject the following forms received on or after July 1, 2021:

• Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program, except when the application type indicates that it is an amendment to the regional center’s name, organizational structure, ownership, or administration; and
• Form I-526, Immigrant Petition by Alien Investor, when it indicates that the petitioner’s investment is associated with an approved regional center.; and
• In generalForm I-485, Application to Register Permanent Residence or Adjust Status, and any Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, associated with a Form I-485 application that is based on a Form I-526 filed by an approved regional center.

Until further notice, we will hold (that is, not act on) any pending petition or application of these form types that is dependent on the lapsed statutory authority until further notice.and was filed before the end of the statutory authorization. At the end of calendar year 2021, unless there is new legislation for regional centers, we will reevaluate whether to keep this hold in place. If we wrote to you were issued written correspondence regardingabout your petition or application on or before June 30, 2021, you should review theour written correspondence and respond by the due date (as applicable). Although USCIS is unable to we cannot review your response at this timeright now, we will receive and maintain thekeep your response for review if circumstances change.

We will continue tostill accept and review Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, in the normal course,Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, including those filed on or after July 1, 2021.

We will begin rejecting all Forms I-485, Application to Register Permanent Residence or Adjust Status, and any associated Forms I-765, Application for Employment Authorization, and Forms I-131, Application for Travel Document, based on an approved Regional Center Form I-526.

In addition, we will keep on hold (that is, not act on) any Form I-485 that is based on a Form I-526 for an approved regional center; the Form I-526* must have been filed before the end of the statutory authorization. At the end of calendar year 2021, unless there is new legislation for regional centers, we will reevaluate the hold. We will accept and adjudicate Forms I-765 and I-131 relating to these pending Forms I-485.

We will provide further guidance to the public if circumstances change or further guidance becomes necessary.

*Suzanne’s note: I guess this is a typo, and USCIS meant to say “Form I-485.” Otherwise, it’s puzzling.