USCIS website alert update: I-924A
December 21, 2021 164 Comments
Thank you to Carolyn Lee for noticing that the USCIS EB-5 page was quietly updated yesterday 12/20 to include this paragraph in the alert on regional center program expiration:
We will still accept and review Form I-924A, Annual Certification of Regional Center, including those filed on or after July 1, 2021. Regional centers should continue to submit Form I-924A, for fiscal year 2021.
Regional centers have been asking about I-924 since September, and USCIS waited until Christmas week, just a few days before the deadline to file I-924A, to say yes, we do want you to file this form and especially to send us the fees, even though the program is expired and we’ve said we’re not reviewing I-924A. Happy Holidays.
The only nice thing I can think of to say is that the request for I-924A filings can only be based on USCIS assumption that the program will be revived. And if USCIS is making that assumption for I-924A purposes, they could hardly justify making the contrary assumption in context of deciding whether to keep holding regional center investor petitions.
EB-5 Updates 
Hi Suzanne,
I always assumed we would need to file the 924A, since it also impacts investors at the 829 stage. They have been asked by many to also update their continued abeyance of 526 filings beyond the end of the year per their October notice. I wish they had handled that at the same time.
Lulu Gordon EB5 Capital Senior Vice President / General Counsel
“Will The EB-5 Regional Center Program Ever Be Renewed?”:
https://www.forbes.com/sites/andyjsemotiuk/2021/12/22/will-the-eb-5-regional-center-program-ever-be-renewed/?sh=16838a8f2d03
Likelihood of EB5 RC reauthorization is dwindling by every passing day. The vested interest and predatory factions of EB5 RC are just being a Pied Piper. FIFPA (initiative led by AIIA)/grandfathering is the only hope (little hope) in future (distant future) but runs a risk of being scuttled by the vested interests as they would not probably want to let the hostages be freed.
It’s important that we all use our voice and presence to highlight the plight of existing investors, who invested in American dream in good faith.
Where are the results of Aiia’s work? Despair ?
Please join them and support their efforts. Reauthorization is DEAD. We need a rescue plan for existing investor. You can go to their website and support them.
Merry Christmas everyone!
https://goaiia.org/blog/f/newsletter-7-aiia-goes-to-washington-dc
@ Peter, where are you ? I think you were right.
In the past, I did not actually trust AIIA as few other investors. Overtime, I have done a lot of research about EB-5 RC, reauthorization and grandfathering. I completely change my mind now and I fully support them. I strongly believe that they will get grandfathering law passed soon. They do need support from more investors. Remember, an investor puts 500k to a RC with a very low interest rate (much less than the current inflation rate). A basic calculation will find out that, every month of delay, you are losing thousands $ not including opportunity costs using that money to generate profits (example: buying a house with that amount and put it for rent – can make a couple thousands per month easily). We should be more generous to donate and get FIFPA passed ASAP. I hope that AIIA’s next meeting will give donors an expected timeline to get grandfathering law passed. I know that the timeline may not be accurate, but investors are always expecting a clear path to succeed. Donors do not want to waste their hard-earned money.
I absolutely agree! You right!
I agree. I also changed my vision and intend to donate to AIIA.
That’s right, after this period of time we can no longer believe the words of RC, now the only thing that can be supported is AIIA, and I plan to donate to them too!
I looked into it but became frustrated that they were supporting grandfathering only if reauthorization fails. Well as we all know reauthorization has failed multiple times this month alone, why are they not pushing for it?
@$tevieGold Read the latest newsletter. Under the “Now We Must Act” portion.
@Hiep, @Werus and @Recardo, glad to have you on board. Hope you manged to attend our follow up donor calls over the weekend where we gave a full breakdown of the meetings and our strategy. If you missed it, the notes have been posted on our Teams community server.
Ok I agree this is the right solution but have they finally abandoned the idea of waiting for reauthorization and committed all resources and efforts to emergency stand-alone grandfathering? If so this is something we should all get behind.
So, if in the best case FIFPA have any chance of succeeding in Feb/22 ?
Need of the hour is grandfathering of EB-5 RC investors, to the very least. And for this, we need to come forward to support AIIA. Just made the donation to AIIA. Hopefully, the sense of feeling defrauded by the system will come to an end soon, and the “right” step to grandfather EB-5 RC investors will happen soon.
Ok I agree this is the right solution but have they finally abandoned the idea of waiting for reauthorization and committed all resources and efforts to emergency stand-alone grandfathering? If so this is something we should all get behind.
Further, Is there anything that we can do other than donate to help expedite? My family is still waiting for I-526!!!!
Yes, they have been pushing the stand-alone grandfathering law. I have attended their recent meeting (only for donors). They have also posted on their website about stand-alone grandfathering law (you should go to their website for more information). They are gathering supports from investors. They need $fund for their lobbying efforts.
I-526 adjudication can only happen after either grandfathering or re-authorization. So to expedite pending I-526, we need to at least grandfather EB-5 RC investors.
Now, I think donation to AIIA will help them immensely in pursuing the interests (after having invested a life saving) of EB-5 RC investors. They have hired a lobbying firm: Morrison Public Affairs Group to push for grandfathering. We also need to push & support AIIA to continue their efforts on at least grandfathering the EB-5 RC investors. Grandfathering “should” be #1 focus of AIIA. Re-authorization is complex and may or may not happen. This is a reality we should come terms with. Putting everything in the basket of re-authorization hope can be devastating. Let’s safeguard and grandfather investors first.
Second, apart from donation, I would recommend speaking with the offices of Senator Patrick Leahy of Vermont (https://www.leahy.senate.gov) and Senator Chuck Grassley of Iowa (https://www.grassley.senate.gov). Both Leahy and Grassley carry a lot of weight and the EB-5 re-authorization negotiations would revolve around their bill, which they had initially introduced early this year but Senator Lindsay Graham had voted no — the only “no” vote. With the offices of Leahy & Grassley, it will be a good idea to highlight how lapse in grandfathering is affecting you personally and what’s at stake. They need to hear directly from the experiences of the EB-5 Regional Center Investors who invested in good faith but the system has put them in limbo, which is causing significant distress in life.
Third, I think we need Regional Centers to also “do their part”, and not use current investors as hostages to get their way in a re-authorization deal. Its not just Congress, but really a group of Regional Centers who are the “real obstacles” and still pushing back and want their concerns (monetary concerns of their business) to be taken care of, and this is delaying re-authorization, and now making its chances bleak with every given day. It was this same greed that did not allow re-authorization to take place in June of this year, when Leahy and Grassley had attempted to re-authorize the program. It seems the idea of these Regional Centers is: if grandfathering happens, then Congress will not tackle their concerns in any re-authorization deal. Now this is a a selfish and monetary tactic by these Regional Centers.
We should remember that support of Senators Patrick Leahy and Check Grassley is needed for grandfathering. I hope AIIA is making attempts to speak with their offices. We need them on our side for grandfathering, absolutely.
So please reach out to these Senators and share your story.
Thank you for this very thoughtful and helpful answer and thank you to Suzanne for giving us all a place to discuss these issues and strategies which will allow investors to mobilize collectively. It seems the RC are only concerned about their profits and future new investors. The RC are perfectly fine to hang us out to dry while they push for their own interests behind our backs. Good luck to all, I am donating to AIIA, we must protect ourselves as nobody else will! Let’s get grandfathering tabled!
After this period of time, we can no longer believe the words of RC, absolutely not!!! It was those RCs that blocked the legislative authorization. Now the only thing that can support is AIIA. Everyone should fully support AIIA and donate to them!
Wasn’t it the senator from Arizona? Can you expand in how RCs halted authorization?
@Suzanne
Amazing how your blog became: Salvation EB5 Army. I hope we dont need to hear the bell. You shouldnt allow it.
Its already an orchestra here. Each new comment is pushing the next comment to another donation call. Lack of money or just money hungry?
EB5 will come back without a penny of donation. Time is unpayable.
I agree with you, threatened not to make Eb5 come back sooner.
You can enjoy the outcome as a free rider. Do not encourage others to do so. It simply hurts the community. Time is valuable. Reauthorization will not come back in the near future. Regional centers will kill their future businesses if they accept the bill by Leahy and Grassley. There are so many conflicts of interests.
I find it interesting that in a previous blog comment, this person admitted he worked for EB5 and said he decided to start AIIA. Yes, it may have investors at the table, but this is another way for RC industry to get more money from investors. Personally, I am an investor, waiting for opportunity to get i526 approved, and support the changes to improve integrity which is, I hope, only committed by a few. My RC made it very clear to me, in legal doc’s and conversation, that the gov’t could always cancel/change the ‘rules’. I wait patiently as it is out of my control and will not be donating.
Hey Andrea, I am an EB-5 investor first, a member of the EB-5 industry second. I am not trying to take your money for my own benefit, I am trying to spend it on an effort to help a underrepresented community of 80,000+ investors and family members. Google me. I’m not that hard to find.
Peter, as I asked before, please email me if you would like to keep commenting. I want to have a personal chat to know who you are and understand the thinking and motivation behind your message of passivity. Thanks!
Suzanne, according to your profile picture I believe that you are a very kind person and you are doing a great job here. But the sense of a blog is to be anonymous. And I prefer that and also to share a 1:1 conversation with open doors in a public blog. I understand its your blog and I respect that. I have the same motiviation as all other ones: to have a reauthorization. But we are just investors and you know how the lobby runs. And its time for us as investor to learn about that and to educate potential investors. Donation is a business too and it remains forever. As investor, the money is invested and now we are just in a trap and need to accept to wait. Thats the reality. Personally I hope that some of your readers can learn something about this specific case of EB5 for the future and how certain kind of businesses are running. I would have prefered that the entire industry would have been more honest, but it stops as soon as money is involved. Many released news were not necessary. Finally nothing has happened after 6 months and I am sure it was clear behind of doors. Happy new year.
@Peter
How would you advice/guide/lead towards reauthorization ?
Wait until all appropriation bills have passed for FY22.
Be in panic when the 117th congress is over (January 3, 2023) because then we do not have any pending bill: S831 or HR2901.
Before i would not spend a penny into anything related of the EB5. And the government knows well about all pending applications and are well educated – in the past and now. Otherwise we wouldnt have those two bills, no filed madamus at the courts wouldnt be on hold (until the congress have passed the appropriation bills: check by yourself court records) and uscis wouldnt hold any pending applications.
Personally I believe it will be reauthorized by end of March/April.
Agree with Peter. Donors need to remember: FIFPA is only meaningful when enacted into law before reauthorization.
That’s clear. You do not need to remind investors. Everybody knows that. Peter?? I only appreciate his facts NOT his opinion and judgement. It makes no sense.
REAUTHORIZATION WILL NOT HAPPEN IN THE NEAR FUTURE. WE NEED A RESCUE PLAN FOR EXISTING INVESTORS. Grandfathering law is the only option.
Ok, just wait and see, Fifpa and reauthorization which one will come first. If reauthorization first may be not because of donation.
This is a blog nobody cares if your appreciate someone’s comments. In my case I don’t appreciate your opinion which by the way has not facts. Did you know what writing in capitals is like screaming? Why are you so angry? Your comment make no “sense”. @Suzzane wrote few months ago that Reauthorization could happen in Spring which is similar to @Peter’s comment…. Are you going to tell her that she has also no facts?… so relax.
@suzzane is the owner of this blog and she is the moderator. All these comments are off topic here because are not related to her article… if she wanted she could just delete all post that are not related to the current article but I understand she doesn’t moderate most post otherwise this would become like the China Morning Post.
I am also waiting to be able to become a US resident through I526 but things happen for a reason RC wanted a pause so I just wait and enjoy the life while I wait.. your guys go to Disneyland Paris and enjoy the the ultra delicious food in France which your won’t find once you move to the US… you get my idea..
@Suzzane And all fellow investors wish you a Happy New Year!
You and Peter are smart – so you can sit and wait as free riders.
We do not want to waste our time and money every day in delay. Inflation in the US have been highest in decades. Money has been down in the drain every day. Time and opportunities have been wasted every day.
Before Dec. 2nd, 2021 – most EB-5 industry stakeholders thought that reauthorization would happens by end of 2021. They even had a seminar to talk about that. FACT – the industry sent the bill to the congress, and it was killed in few minutes. The industry did not know it until the last few days before Dec. 2nd.
I do not think reauthorization will happen in 2022.
You also need FIFPA for the future. Investors not left dangling like this time
1) Fact: S831 / HR2901 is not dead. Its public. HR 2901 continues its way for the approtiation bill, this bill was transfered to the “next step” on Oct 19, visit this link: https://www.congress.gov/bill/117th-congress/house-bill/2901/text
2) Fact: S831 was only hotlined 6 months ago, it was an attempt to make it quick, it has failed (because i am guessing that someone from the industry asked for a “No” to have the planned pause) but it doesnt mean its dead!
3) Fact: You met only the “assistant” congressional staff / secretary. Because the senators are not interested to meet newbies and are dealing only with the big players (current lobby).
4) Fact: There is no reason to act for any senator until there is no open bill at the congress
5) Fact: Once its reauthorized, you guys will disapear and nobody will donate to you because, there is zero reason to continue for at least 5 years (until the new reauthorization is expired again – eb5 ecosystem)
6) Fact: Once its reauthorized the real lobby continues and there is no reason for any senator to vote on any other bill regards EB5.
7) Fact: According to the US history the inflation went up and down throughout the years. Its just normal.
8) Fact: Its senseless as an investor to start any construction project during a planned global supply chain issue.
Now is coming my opinion: You dont have the communication skills to be in a lobby
Happy new year
@Peter
You made up the facts – they are not facts. These are your opinions.
@Suzzane.
I think that Suzanne was right regarding your comments. It is time for you to act and protect the community – just like Twitter vs Donald Trump.
Fact: Peter has zero idea how the government of the country he’s trying to move to even works.
The fact that you are so against safeguarding existing investors shows that you are NOT an investor. This should also be an eye-opener to all investors, how regional centers are willfully causing harm to investors who gave away their hard earned money to them.
I am more angry with these regional centers who have and are currently & continously defrauding us. They think investors are guinea pigs who could be smoked in air, as long they continue to satisfy their greed.
I see people want to sue USCIS. Well how about RCs who continously lied to us and knowlingly delaying movement on grandfathering. How about we hold these RCs accountable — the real culprits & the “sole” reason why fate of investors is in danger of absolute catastrophy.
What would investors loose: Money, More money on useless litigations, time & health. All because regional centers want to serve their greed.
We cannot carry on like this.
😅 with that poorly elaborated answered you just killed yourself.
If you want to resuscitate yourself please give a statement to each of his facts.
You are implying that @Peter is as famous as Donald Trump? 😄.
Whatever don’t give orders to @Suzanne you are not her boss 😁
You guys continue the chat I may comeback next year…
Happy New Year! And God bless you all! Enjoy the life.
@Daniel.
3rd grader can answer each of his fact. I do not waste time. You need to ask 3rd grader, not me.
You did not understand the meaning of Twitter vs Donald Trump in this context. You only looked at the famous side may be less than 3rd grader’s view point.
You did not read Suzanne’s comment before? She wanted to ban Peter, but she has been very polite not to do so.
She can ban me or activate facebook registration for her comments. The traffic will go down and it becomes a dead blog. Its pity, but its not my blog.
But its interesting that I am so famous already. Or do I disturb your business?
Be serious enough and come up with facts instead of to scam people. You are old enough to give a public professional statement here. It seems to be that you are hurt. I enjoy it already.
@ Tony
If reauthorization will not happen in 2022, and Fifpa has no chance to appear. So what are the donations for ? Some tours visit DC ?
I just want everyone to know this, each and every investor. We are all in this together, I know it’s been tough and stressful. But I do want you all to be strong and say this to yourself. You’re not alone and everything will workout in our best favor. Being patient after having our voices hear is the only thing we can do. Sending lots of luck and peace to every investor!
We need FIFPA. And we should support AIIA. Its important to remember that AIIA is investor driven — they bring investors to the table.
RCs are buisnesses. They will only worry about their future needs, which are “future investors”. Investors who have already put their money with RCs would be a low priority. Money is already with RCs. So grandfathering is not their concern.
AIIA is needed not only for grandfathering. They are also needed for long term advocacy of investors, so that people who invest are not used as bargaining chips. Up until recently, it was just a game between RCs and Congress, and investors were simply souces of revenue. Now, we have an alliance of investors in the shape of AIIA. We need to support them.
And, even Forbes no longer talks about reauthorization. But FIFPA grandfathering is still in play. Read the below Forbes article and decide if pinning hopes behind reauthorization will do us any good, or should we take a turn in stratergy and make grandfathering the most important EB-5 milestone to achieve in 2022.
https://www.forbes.com/sites/andyjsemotiuk/2021/12/30/5-crystal-ball-predictions-for-us-immigration-in-2022/?sh=607fec9f3746
P.S. FIFPA is the creation of AIIA: an alliance of EB-5 investors.
@HUgh This is the clearest and most persuasive argument in support of the AIIA.
I stayed out of this melee, watching it from the sidelines observing both sides.
However, grandfathering is an act of benevolence on part of the congress, with no perceived benefit to them. Politicians are not known to act for any altruistic reasons, whereas the reformed reauthorization has a direct economic benefit, going forward, to their respective constituencies. Yes, the decade-long ‘pilot project” is now over. They saw the benefits and shortcomings of the program. Therefore I echo Peter’s sentiment that reauthorization will come in the form of HR2901 ( more permanent in nature), hopefully during March to June period.
Having said that, they can still kick the can down the road, to suit their pork-barrel politics, Therefore, firing with all cylinders is a wise idea for the sake of existing investors.
Hi all please see the latest update from USCIS
Manga
Alert: As of Dec. 30, 2021, Congress has not enacted new legislation authorizing the EB-5 Immigrant Investor Regional Center Program. As a result, USCIS is reevaluating the decision to hold, or not act on, any pending petition or application of these form types that is dependent on the expired statutory authority and was filed before the end of the statutory authorization. We will provide additional guidance as soon as practical.
This does not look good. 😦
@Suzanne “The only nice thing I can think of to say is that the request for I-924A filings can only be based on USCIS’s assumption that the program will be revived. And if USCIS is making that assumption for I-924A purposes, they could hardly justify making the contrary assumption in the context of deciding whether to keep holding regional center investor petitions”
Baffles me.
To harm investors would be to end the program. Investments require trust. If they can’t approve the program they couldn’t cancel it either. The right thing would be to continue adjudicating petitions pending a new law or reauthorization.
We need FIFPA or something similar to grandfather investors. RCs are simply NOT going to worry about gradfathering. Since they already have the money of investors, they will continue to play hard ball with Congress to get what they want in the reauthorization bill, even if it means more delays or simply no reauthorization. Their interest is in future investors and getting them in a way that will continue to protect their own profits, and survival.
Its important to note that RCs are just NOT going to agree to integrity measures which Congress wants in reauthorization. Integrity measures are a MUST want from Congress. But these measures will put RCs in trouble (for their past actions), and they would rather not have a reauthorization bill then. This is why RCs, through Lindsay Graham, scuttled reaurhorization which Congress was rightly doing in June of 2021.
We as investors are on our own. We should support grandfathering. Relying on RCs will give us an outcome that will be life changing. Its important we realize it sooner.
By the way, a lot of these regional centers are already turning towards setting up the same EB-5 regional center process for investments in Europe. If you haven’t already, just wait until you start receiving promotional emails from your regional centers about immigrating to “Portugal” through investments and getting “access to all of Europe through Portuguese residency.” Regional centers already know the writing on the wall for reauthorization of EB-5 regional center program in US, and they are already adjusting to it. But yes, they are not going to let you know just now.
That’s 100% true. Please be smarter to realize the truth and support FIPA. Grandfathering law is the only way out for us. I hope that AIIA will speed up their lobbying efforts and send FIFPA to Congress by February 2022. I pray that Congress will pass this law by March 2022. I strongly believe that as long as AIIA puts more efforts into it, FIPA will be successful. It is not controversial at all. There will be congress members who want to champion it. I hope AIIA will have some words about the timeline.
I’m also worry that USCIS may not hold pending application in abeyance for too long. They could reject pending applications.
Investors – it’s time to be realistic. There will be zero chance that reauthorization will happen before FIPA and zero chance that reauthorization will happen anytime in the near future. I doubt that it will ever be alive again.
Any further delay will cost us a lot. Please be smart and take action. My action or few investors’ action alone are not enough. We need to act together. Please don’t sit, wait and try to take advantage of others’ work. Please don’t be an irresponsible free rider.
I agree! This is also the advertisement that we saw some RCs started to promote direct investment! All investors should unite and not internal clashes and together to fight for our own rights!
there is a game of interests between the RC and the congress (RC has politicians on its side too). We are the weak end. We are passengers of agony. Both sides have to give in to a happy ending.
Is there a formal way to establish which RCs are not supporting the integrity measures?(maybe like getting a petition signed by all the RCs who are supporting the measure so we can rule out who aren’t supporting the bill)
Great idea Shawn!
A different question- anybody. on H1B visa got F1 visa with EB-5 pending? M7 MBA Admit
Yes, I recently had an F1 approved with an i526 approved but with no visa interview due to RC program lapse.
Nationality if ok for you to share? Mine is indian
Happy new year to all.
Please watch the link below until the end.
AIIA should have some more words about the timeline. If they cannot set a timeline and work toward that timeline, that simply means too many uncertainties. They have no idea where they are and how to go to an end.
I had never heard of a US immigration news channel before? Has anyone? Who is behind this?
I strongly recommend every EB-5 RC investor to read the below judgement which was delivered 2 days ago on Jan 3rd, 2022. Yuhua Zhu sued USCIS to ask them to adjudicate pending I-485 during EB-5 RC lapse. The court dismissed his lawsuit and sided with USCIS that no relief can be provided by “court” to current “EB-5 investors”, even those with “approved I-526”.
THIS judgement is important to read for those who think litigation against USCIS would be successful, in the event USCIS decides to deny pending I-485 during EB-5 lapse. The judgement IMPLICITLY declares that USCIS can possibly deny I-485, and there would be no grounds to get relief from courts if investors do deicide to file mass lawsuits. The reasoning given by the judge is: EB-5 RC has lapsed and it has not been re-authorized, so no grounds for relief.
If you have an account on PacerMonitor, then you can download the pdf of the judgement. If you dont have an account, I have provided text of the judgement below.
Reference: https://www.pacermonitor.com/case/41666185/Yuhua_Zhu_et_al_v_Antony_John_Blinken_et_al
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Case No.CV 21-7066 FMO (PVCx)
Title: Yuhua Zhu, et al. v. Antony John Blinken, et al.
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Judgement from UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
“Having reviewed and considered all the briefing filed with respect to defendants’ Motion toDismiss (Dkt. 33, “Motion”), the court finds that oral argument is not necessary to resolve themotion, see Fed. R. Civ. P. 78(b); Local Rule 7-15; Willis v. Pac. Mar. Ass’n, 244 F.3d 675, 684n. 2 (9th Cir. 2001), and concludes as follows.
Plaintiffs are 111 Chinese citizens seeking to compel the United States Citizenship andImmigration Services and the United States Department of State (collectively, “defendants”) toeither adjudicate their applications, or issue them visas, under the EB-5 Immigrant InvestorRegional Center Program (“Regional Center Program”). (See Dkt. 25, First Amended Complaint(“FAC”) at ¶¶ 46-156 & p. 73 (Prayer for Relief)). Statutory authorization for the Regional CenterProgram expired on July 1, 2021. See Appropriations Act, as amended by, ConsolidatedAppropriations Act of 2021, Pub. L. No. 116-260, Div. O, § 104, 134 Stat 1182, 2148 (substituting“June 30, 2021” for “September 30, 2015” in § 610(b) of Pub. L. 102-395); (see also Dkt. 33,Motion at 1, 4). To date, Congress has not reauthorized the program.
Given the lack of renewed authorization for the Regional Center Program, defendantsrequest that the court dismiss the action as moot. (See Dkt. 33, Motion at 1, 8-10). The court ispersuaded that because the lapse in congressional authorization for the Regional Center Program“prevents the court from granting effective relief, the claim is moot and must be dismissed.” Wildwest Inst. v. Kurth, 855 F.3d 995, 1002 (9th Cir. 2017) (quoting Conservation Cong. v. Finley,774 F.3d 611, 618 (9th Cir. 2014)); see also Burke v. Barnes, 479 U.S. 361, 363, 107 S.Ct. 734,736 (1987) (expiration of statute rendered case moot); Bd. of Trs. of Glazing Health & Welfare Tr.v. Chambers, 941 F.3d 1195, 1198–99 (9th Cir. 2019) (en banc) (“[I]n determining whether a caseis moot, [courts] should presume that the repeal, amendment, or expiration of legislation willrender an action . . . moot, unless there is a reasonable expectation that the legislative body willreenact the challenged provision or one similar to it” based on the record of the given case.);Taking Bromfman v. United States Citizenship & Immigr. Servs., 2021 WL 5014436, *5 (D.D.C.2021) (dismissing complaint seeking adjudication of I-526 petition under the Regional Center.”
Program on mootness grounds). Based on the foregoing, IT IS ORDERED THAT: al. Date January 3, 2022
1. Defendants’ Motion to Dismiss (Document No. 33) is granted.
2. Plaintiffs’ Motion for Preliminary Injunction (Document No. 38) is denied as moot.
3. The above-captioned case is dismissed without prejudice.
4. Judgment shall be entered accordingly.
Although it need not address this issue in light of the dismissal, the court is troubled by the filing of what appears to be 111 separate lawsuits. There seems to be no basis for this mass action other than saving filing fees.
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We should realize that we are on a weak footing. Courts are not going to help us. Attorneys would want investors to file lawsuits, in the event USCIS denies I-485, but thats just because its just a good way to mint moneg by these attorneys. Courts would side with USCIS, simply because RC is a “pilot” program and is currently not “renewed”.
There is only one way we can help ourselves. Support grandfathering by wrting to offices of Leahy and Grassley. Relying on RCs for reauthorization and grandfathering will be catastrophic. RCs will NOT agree to what Grassley wants from them. This is now our fight and we will have to be proactive in supporting grandfathering. Better late than never.
This is another lawsuit that was dismissed on the 1/4th of the U.S. time. The litigation lawyer’s message! It seems that you can only rely on the grandfather clause!
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Good evening, everybody! I received the judge’s decision this afternoon. Not only did we veto our initial prohibition order (PI), but the entire case was also vetoed. The debate on January 20 was also cancelled. The reason was that the court could not do anything without authorization from Congress.
I will pass the judge’s decision to everyone. This judge analyzes our cause of action on a single page. It does not pay attention to our prosecution at all. It is very prejudiced. It is not as good as the last time we sued the two ministries in the DC Federal District Court. The judge opened the court, listened to our debates, turned to us during the court session, and wrote dozens of pages to analyze our cause of action when it was rejected. This judge just needs the authorization of Congress to accept the defense opinions of government lawyers, which is incredible.
At present, everyone has the choice: Either wait for the Congress to authorize, or initiate a new lawsuit, or completely ask the Immigration Bureau to reject everyone 526 and ask the project party to give a refund. Now we can deal with the following methods: 1. For the first batch of second batch of participating plaintiffs, we immediately organized an appeal to the Ninth Circuit Court, without charging any fees, including court fees. 2. For the third batch of participating plaintiffs, our names have actually been added, as evidenced by electronic court documents. I am just worried that if the PI passes, only the first and second batches of plaintiffs will be judged, and the third batch of PIs will have to be redone. But now that the PI has been rejected, we still firmly believe that our cause of action needs to be refined and simplified, and decided to go to the DC court as soon as possible to initiate a lawsuit with a new cause of action. If the third batch of plaintiffs are willing to participate, there is no additional charge. At the same time, we refunded the third batch of plaintiffs who were unwilling to participate in the DC change lawsuit. We will continue to appeal to the end of the first and second batch of plaintiffs, without any fees, until the Federal Supreme Court, if permitted. If any of the first batch of the second batch is willing to participate in the third batch of new litigation in DC court, we also welcome the fee of 500 US dollars per family. DC’s prosecution directly included a temporary injunction, allowing the court to clarify the matter, but it still doesn’t work. Everyone can only target Congress and the Immigration Bureau. Other people who have not participated before have expressed that they want to participate in the DC litigation. Our fee is US$2500. He opened his bow without turning his head back, and continued to prosecute and appeal.
Attorney Chen and I have filed a lot of lawsuits against officials, and this is the first time we have encountered such a situation. For the current result, we feel extremely sudden, disappointed and distressed. This failure also caused our task force to re-examine the rule of law in the United States, including ourselves.
630 Task Force
Frustration. Inhumane system.
Thank you for your information.
We should support Grandfathering law. But we need a deadline. We cannot wait for an indefinite deadline just like reauthorization. In order to push people to work, there must be a deadline.
I also hope that reauthorization will not happen to prevent further tragedies to future investors. As long as EB-5 RC can survive, RCs will continue to do marketing work to attract investors. Once, they get money from investors, they will abandon you regardless. US government agencies do not care also.
1.) In case of pending I-485 denials by USCIS due to EB-5 lapse, attorneys will start reaching out to their investors with emails: “We are going to litigate against USCIS”. Such litigations take years, and courts will eventually side with USCIS because EB-5 RC is not a permanent program.
2.) Now, in case of denial of pending I-485, even litigation against RCs to get BACK funds may not work. Most of these RCs very smartly inserted risks regarding discontinuation of RC program in their “Accepted Risks” section of project offering documents. The litigation aginst RCs by investors will also take years, and this time again courts will decide against investors. We as investors, whether we noe realize or not, were always in a weak position right from the time we invested our funds. Both USCIS and RCs are safe legally, as far their actions are concerned. Better way to say, we were duped right from the beginning.
3.) Our best bet is Congress to atleast grandfather. Re-authorization is not going to happen anytime soon, if it may even happen. Grandfathering is the only way. Its NOT controversial, but that does not mean grandfathering will happen on its own. We as investors will have to push for grandfathering through AIIA or any other advocacy group. Congress needs to hear from us, and not just RCs.
4.) Also remember USCIS CANNOT HOLD pending I-485 petitions for too long. Its just not possible. If they SEE that no action is going to happen on re-authorization or grandfathering soon enough, they will have to start denying I-485.
3.) These are facts. The more conveniently we try to run away from these by assuaging ourselves with the view that RCs and their lobbies will get re-authorization done, the more we will be in for a shock. RCs will NOT champion grandfathering.
Either we sit, wait and watch or become proactive. If this is not the time to panic, then we should not blame anyone in future.
We should support Grandfathering law. But we need a deadline. We cannot wait for an indefinite deadline just like reauthorization. In order to push people to work, there must be a deadline.
agree
I agree, they should set a clear timeline. It isn’t good optics that they want $2000 donations from investors
but aren’t setting any timelines. Are we going to see something tabled or just paying for more schmoozing in DC?
What does this mean for current investors?
https://iiusa.org/blog/breaking-dhs-files-unopposed-dismissal-of-behring-lawsuit-appeal/
That means nothing. This has no effects because there is no EB-5 RC. They don’t need to appeal for something non-existence.
…So USCIS is still asking for RC annual certification but will start denying RC based i485 pending applications.
Doesn’t make sense.
But I agree. Grandfathering is the only hope in short term.
Earlier Today the Department of Homeland Security filed an unopposed motion to dismiss its appeal to the lawsuit that has resulted in the minimum EB5 investment amount dropping to $500k from $900k. The appeal was originally filed in Aug 2021 by Alejandro N. Mayorkas, Secretary of Homeland Security.
True ,it shows that USCIS is not paying attention to help out EB5 investors who have been so far poorly served by HLS
Iam from Brazil and my priority date is october, 2019….there is plenty of visa disponibility for my country. wHY I DIDN´T GET MY PETITION APROVED YET ?
@Ricardo
Are you a regional center investor ? EB5 Regional Center program has lapsed since June 30th 2021, with less likelihood of reauthorization anytime soon. Talk to you EB5 attorney and Regional Center. I am not sure if you have kept yourself updated.
Thank you CO for your concern. Never seen you before though. Who sent you?
My priority date is July 2016 and I got my i-526 approved in January 2020 and have been document qualified by NVC since January 2021, My birth country has no backlog and am still waiting for a consular interview date. I hope we get grandfathering soon its been a long wait so far.
Hi, let me say hello to you first! My I-526 was approved in February, 2021, and NVC payment was obtained in September 2021. There is no backlog in my country, but now I am still waiting for an interview. We should fully support grandfather. The only way to save yourself!
“IIUSA recently filed an Amicus Curiae (friend of the court) brief in a federal matter supporting the rights of a group of immigrant investors. The underlying matter is a push by the EB-5 immigrant investors to require U.S. Citizenship and Immigration Services to process the investors’ EB-5 petitions.
When the government declined to do so, citing that the Regional Center Program is not currently authorized, IIUSA stepped in to argue a) the plaintiffs are still owed their due process; that a lapsed authority is not their fault, and that they deserve to have their petitions processed; and b) the Regional Program’s continued lapse is not at all a foregone conclusion, that IIUSA and others are working assiduously to reestablish the program and therefore USCIS should not simply walk away from its obligations.”
Any thoughts on this?
IIUSA did that to help existing investors with the lawsuit. If the judge makes a decision based on sympathy, it will help existing investors. But it will not work that way. Amicus Curiae will not likely have any real effects. I hope grandfathering law is the correct way to order USCIS to continue processing the applications.
Prospective EB5 investors & those who have already invested to get green card conditional or permanent can chat/talk as much as they like but nothing seems likely to change the present scenario for a considerable time.
So should we donate to AIIA or not? They still haven’t told us any dates or deadlines. Maybe Peter was right that they are just using funds to wine and dine in DC with powerless staffers instead of the power brokers. I hope not and am giving benefit of the doubt but would like to know the timeline if someone has it. They want donations of $2000.
Save $2000 to celebrate when the program returns no later than April 2022.
I sincerely hope so Wong. Would you like to share any background information on your prediction? I’ll take anything to hang on to
@wong
No reauthorisation of RC seems a feasible possibility in near future grandfathering remains the best option
@Wong:
Can you provide some information for your prediction? We had been told by various EB-5 attorneys, regional centers, EB-5 experts that reauthorization would happen in August, in October and then in December 2021. Now what?
Don’t fool yourself and others.
@EBHived
I’m an investor. I asked them about their plan, about fund raising for their work and efforts. They have never asked investors to donate as you said.
Baby Peter? a noisy person. Everybody knows that he came here and cried every time reauthorization failed.
Please do not rely on a baby. You should either do your real work to support the industry or donate to advocacy groups wo can work on your behalf. If you want reauthorization, donate and support IIUSA. If you want grandfathering law, donate and support AIIA. You can also do your own work by contacting Leahy and Grassley. Do not act like a baby: sit and cry.
@ tony
You sound extreme, like a beggar angry about having his chance to earn money ruined, i love that.
You are either NOT a regional center investor or simply an employee of an RC. RCs do NOT want grandfathering as they ONLY want re-authorization, but ONLY acceptable in their terms of less or no integrity. Its just based on their greed to run their profit making system.
Also do not deceive people by quoting wrong information. AIIA has not asked for $2000.
I recommend you put your energy in more useful things.
Aiia’s team is huge here, but as soon as it’s learned that Fifpa is never to be enacted, the crowd will quietly disperse along with donations.
So you are a regional center investor who spends time convincing other investors that they should not do anything to grandfather their existing petitions and just rely on regional centers, who have been wrong about timelines on Re-Authorization on several occasions?
Seems like you are not an investor.
@Wong I recommend you tell your employer that investors wont stop their efforts to grandfather their petitions, and they no longer have any faith in what regional centers tell them. Bye.
So @Wong (or Peter or yet someone else) how else do you spend your time other than working on behalf of RCs to propogate their line of action?
You are opposed to the idea of not using investors as bargaining chips? Quite suprising to believe you are someone who actually did invest in RC? Did you?
Say hi to your employer. Tell them people are no longer “blindly” falling for RCs. We want right thing to be done to alleviate the pain of investors who invested in good faith and now have been left high & dry by RCs, who are refusing to bring back the program, unless their greedy demands are met.
This time around investors wont stay silent.
Then what else should investors do? Give more money to regional centers, who already took $50-000-$70,000 fees per EB-5 applicant when they filed I-526 through attorney? And its not $2000 for AIIA..who gave you that number?
Last time I checked AIIA minimum donation was $200, NOT $2000. Is it too much compared with the value of investment at stake? or too high compared with the money in the form of fees already given to corrupt regional centers?
Let the regional center for which you work know that they are doing a big disservice to investors by duping their investors. Investors will take legal action if we are defrauded by regional centers.
We should celebrate if EB-5 RC comes back. But why do you keep asking investors not to support grandfathering? Are you really an investor?
So you are championing here to ruin investors? How’s Peter doing? Work in same office? No signs of greed abating within regional centers?
First “they” will say Feb 18th, then end of March, then surely by April..Then the response will be: “Congress had other compelling priorities. But we expect it to happen by October..” And thats the game Regional Centers will play.
The game is: Buying more time from investors to keep the investment and giving us feeble hopes on re-authorization. And by then if FIFPA or something similar hasn’t passed, then ONLY investors would be at loss. These RCs would have made their money already, and would then immediately pivot towards Europe. Expect to receive emails on “Portugal residency..Gateway to Europe..Work/study/live in Europe”. And as investors we would be sitting in disbelief and remembers those days when RCs got us to invest our money.
We as investors are stuck. We are on our own. Only an alliance can help us. The more we rely on RCs and treat them as source of truth/information, the more we should be willing to blame ourselves incase BOTH our green cards and investments get in jeopardy.
We CANNOT afford to have difference on opinion on this. Time is running out. I hope, seriously hope, we as investors can realize it. Panic is not a good thing, but complacency too brings disastrous results. We need to speak in ONE voice and push, pro-actively push to grandfather our petitions and protect our future. We did it legally. We should NOT be punished.
Time is less. And we cannot afford to waste more of it.
@Rishi I agree. We need FIFPA. Can’t be a prisoner of regional centers anymore. Their assurances are like multiple false-positives in only one medical test. The test to re-authorize or at least protect current investors, both of which they have failed in. And why would RCs protect us through FIFPA? They will only protected themselves. They are only concerned about future investors, not about investors whose money they already have.
Only WE can protect ourselves. We need grandfathering as soon as possible. USCIS will NOT keep HOLDING our pending petitions on hold for too long. They just CANNOT.
We must act on grandfathering fast and support it in every way possible or else it will be too late. I pray for our well-being.
Why should we file lawsuits against government. Congress tried to re-authorize, but regional centers scuttled the attempt.
We should instead file lawsuits against RCs. That too an avalanche of lawsuits to hold them accountable. To get our money back. They are the real culprits. Greed corrupts.
@Kevin yes lawsuits against government would be useless. Government cannot act until Congress acts. Congress cannot act until regional centers agree and ask their loyalist Lindsay Graham NOT to veto the re-authorization or FIFPA.
We need AIIA to be more effective. I hope they can get more support from us. More importantly, AIIA should be able to come up with a plan of action on how they will get grandfathering materialized. But they need our support and a chance. If corrupt RCs could be relied on for this long, giving AIIA a chance would not hurt.
I hope AIIA provides the breakthrough. If they can, they will remembered for a LONG time.
Yes, I agree that RC is indeed the biggest culprit this time, and the investors should also file a lawsuit against RC, which is expected to be an avalanche of destruction! The question is whether any investors dare to do this?!
If FIFPA gets scuttled by RCs or If there is no re-authorization or If USCIS starts denying pending petitions (because RCs won’t agree to any agreement with Congress), what would investors do then? Would they sue government or RCs?
I think probably the main culprits: RCs. Suing government will not achieve anything. You will hire an attorney against government, the case will take many years and in the end you will realize your lawsuit had no merit against the government as government could only act after re-authorization/FIFPA from Congress. The Judge will tell you that. The lawsuit will turn into a mercy application from government to allow you to get green card, and it would be upto the Judge or government to decide how they would want to proceed.
This is the reality. There is no case against government. Against RCs, maybe yes. Thats the bitter truth.
That’s exactly what I was trying to explain. Apart from supporting FIFPA(which I strongly recommend) we should also find out which RCs are not on board with the integrity measure(this can be achieved by getting our respective RCs sign on the petition) and sue the RCs that are in defiance with it!!
As an investor I have invested already more than 500k +50k for RC +20k for attorney. Why I should pay one more cent? Then it was just a bad investment and we need to continue with our lives. No I am not employed like some people here. Because I don’t need to ask for donation.
Ask you self also why IIUSA couldn’t file an Amicus Curiae months ago? And beside of that its not an unknown action. They did it in the past as well. So its planned. Accept the situation for now, wait and don’t ask for donation.
Before I forget, I am not crying, I am just realistic.
Have a great day
Those who are greedy will be punished sooner or later. The investors may not know who is greedy and has been doing harm to investors however God knows! Those who get free money through investors investments earned by their hard work and tears, will be a beggar in their next life or they even could be animal! That is the natural law that ordinary people do not know!
Contrary to the belief promulgated by RCs, the Congress actually always wanted to reauthorize the program. Congress tried to stablize the program in June 2021, but its the regional centers who have been blocking it.
And @Shawn its all RCs who are blocking FIFPA, but they won’t tell you. They only want re-authorization & that too on their terms. And this is still creating a deadlock as Congress won’t agree to what RCs want. RCs actually won’t no integrity and flexible TEA definations, basically status quo. Infact, negotiations on critical topics have not seen any movement sincs June 2021. All topics are at a standstill, and will continue to remain so. I personally do not see any way re-authorization will ever happen — RCs consider current Grassley Bill as a bad deal for them, and Congress will not agree to anything OTHER than the Grassley Bill.
The Re-authorization will not happen by April 2022. USCIS will have to be pleaded with not to deny pending petitions as investors had to sacrifice a lot to sell their proprties in home countries and then invest the money in US. We all know how much work we had to do.
But all of that is under serious jeopardy, all because of Regional Centers and NOT because of Congress.
We are being taken for a ride. Its all at our expense. Unless we unite and have an united front in the shape of an alliance, we will eventually be at a loss — a major life changing loss.
I think USCIS denying the petition, might be a blessing in disguise if we all investors empower AIIA with our support and some donation (peanuts compared to what we have stake). We definitely need to “NAME and SHAME” the culprits, greedy, immoral and unethical factions of EB5. They are bringing such a shame to America and it’s name. They should be identified and we should look into litigation options to make them accountable.
FIFPA with help of AIIA is the only way forward and I feel that USCIS denying the petition might wake up sleeping investors (majority of them), who are still gullible and being taken for a ride by these corrupt and criminal EB5 RC factions. With united efforts, we might achieve FIFPA and then make sure that no investor ever falls into the TRAP of these criminals.
@Shawn I agree with you. We should start a petition and ask RCs to show their support for FIFPA. If they don’t sign, we should QUESTION their INTENT. Its these regional centers that will be the reason for our demise. They have already made a lot of money by duping investors. We CANNOT let these regional centers to play games with our future. They MUST be held accountable.
Congress will pass FIFPA in at most a week’s time IF Regional centers STOP blocking it. I will support petition to get these RCs identified who are playing with our future and significantly causing damage to our hard earned money and our health.
I support the petition.
That is a great approach. How long can this be done.
I support the petition
I support the petition and AIIA we cannot sit around and wait we need to have a voice in Congress to be heard. My family and I have had your life’s on hold for the past six years.
Regional Centers want us to think that Congress is our enemy. That is simply NOT true. Congress did try to re-authorize but the greed of these regional centers blocked it.
In case, regional centers succeed in blocking any agreement on FIFPA or reauthorization which includes integrity measures not liked by them, then our petitions, our future, our money will be at the mercy of Congress. Its ONLY Congress who can help us after these regional centers decide to sacrifice existing investors.
Congress is our FRIEND not enemy. Think about it. Who can help if there is no deal. Its just Congress and implicitly USCIS & government. RCs will simply move on and pivot their buisness towards “global immigration through investment” & not US.
Please reach out to Senator Grassley’s office to share your story and how lack of grandfathering is affecting you.
FIFPA grandfathering can be done ONLY if Senator Grassley is on our side. He is a good senator who has always vouched for integrity. I hope he will listen to the pain of investors who have been duped by RCs, and will support FIFPA.
Congress has made Senator Grassley to take the lead on EB-5, and regional centers despise him as he focusses on integrity and fixing EB-5 RC program. We need Senator Grassley on our side. Without his support, NOTHING will move on EB-5.
Please reach out to Senator Grassley’s office and SHARE your story: https://www.grassley.senate.gov/
Sen. Grassley wrote “Real-estate developers sold expensive condos and created no new jobs for Americans, while the immigrants put no skin in the game. Their investments weren’t at risk and they didn’t so much as help build America as they helped rich developers get richer.” He has not been happy with investors also. But it has never been investors’ fault. It is not fair to punish them. Why didn’t he create a new program where investor can put all skin and meat into America and America government can develop rural areas? For example: investors who are willing to donate entire $500k to rural counties across America, will be eligible to receive green cards. His approach may wrong at the beginning. He should create EB-6 program where it entirely helps America to build rural areas under local governments.
@Tony Can you provide the url link of Senator Grassley’s comments regarding investors not putting their skin in the game. I could not find the below quote from Grassley online. Can you provide the reference?
“Real-estate developers sold expensive condos and created no new jobs for Americans, while the immigrants put no skin in the game. Their investments weren’t at risk and they didn’t so much as help build America as they helped rich developers get richer.”
Ok I found it: https://www.grassley.senate.gov/news/news-releases/op-ed-trump-s-changes-investor-visa-program-are-win-rural-america
I hope he ATLEAST agrees that grandfathering would be the right thing as investors have been kept in limbo. And yes its NOT our fault. How would investors know how RCs and their team are investing? Grassley point does not include the fact its always been a game about RCs. Investors could only put the money. And there were faults in the RC program, why did it continue for so long?
Investors are NOT to be blamed for this. I think Senator Grassley will be receptive to the pain of investors left in limbo by RCs and may agree to FIFPA if investors SHARE their stories with him.
If we go by Senator Grassley’s comments in https://www.grassley.senate.gov/news/news-releases/op-ed-trump-s-changes-investor-visa-program-are-win-rural-america it becomes quite clear that re-authorization is NOT going to happen. Basically, Grassley is asking for a complete OVERHAUL of the system, with changes being requested in TEA definations, investor amount, integrity regulations. Regional Centers will never agree to these. And Congress will not move forward without Grassley’s support.
And OVERHAUL of EB-5 RC program as being requested by Senator Grassley cannot possibly happen by April 2022. Its too short a period for a OVERHAUL. This might well take years (if at all re-authorization has any chance) as no RC would agree to it. Infact, it seems unlikely the program will ever be re-authorized. Seemingly, 2022 might well be the year of lawsuits from investors.
This makes it even more clear that the ONLY option is grandfathering. Thats the only HOPE.
We should get behind AIIA to deliver us the much needed grandfathering of existing investors. Not taking any action will prove costly.
https://www.grassley.senate.gov/news/news-releases/op-ed-trump-s-changes-investor-visa-program-are-win-rural-america
Senator Grassley’s comments do not mean he is against FIFPA or grandfathering. At the time he wrote that article, there would have been so many people who had already invested. I do not think Grassley’s intention would be to apply his new suggestions on investors who have already invested. Because it just cannot work — invedtors who have already invested 500K will not be able to put down another 500K to stay in the race of green card. It will be a “legal” fraud.
Grassley is taking about a new updated version of EB-5 RC. Thats the one he will re-authorize. And it does not necessarily mean he is against grandfathering. For any attempt to re-authorize there has to be a window provided to existing investors — because their money is already in the system. Thats just logical.
Please reach out to Senator Grassley. He is the MOST important person in EB-5 RC in Congress. Do not expect any movement on FIFPA or grandfathering unless he is on board.
I hope AIIA is also reaching out to Senator Grassley’s office to provide support to FIFPA.
Hello to all my pained investor friends. I am from India, and I invested in an RC in the last months of 2018 for my son’s future, who is studying in the US. I am writing this to make sure all the real investors feel I am a genuine investor; I have read all your comments and feedback on this important and helpful blog (Thanks to Suzanne), and I appreciate the same. I have a suggestion for investors who are in the USA can we hold a silent protest in front of Capitol Hill with placards (Save US) to bring it to the notice of the lawmakers and administration and the hardship and pain we are going through no fault of ours, I can be reached on whattsapp call and text My Cell No +17654070399
Mr. DAS
Your’s and my facts are almost similar. Only difference is my son is right now working in India. I was also wondering about the feasibility of the idea that you have suggested. In India, it had brought the desired result sometimes. Such a protest can at least bring to the notice of politicians, the plight of investors and it can subsequently be amplified through mainstream media and social media. Only problem that I am seeing in this idea is, that it shall be a long and sustainable vigil and it shall be carried out by the persons who are already in US on different Visa. Most of the EB5 investor community is spread across Globe and majority are in Asia. So not being in US can be a major handicap to bring on the table the volunteers who can sustain this momentum.
Any other suggestion is welcome from investor community.
I am ready to take the lead. Few can join me in DC and Capitol Hill at a decided date. Will we get an answer ? WE DON’T KNOW. We have invested 500k. There is nothing wrong with buying a flight and hotel, and making this effort that would be effort that would be part of many other efforts going on already; the best way to contact me is through the number I have already shared and this blog. I would also like to bring it to Suzanne’s and investors’ notice; some random people called me after my post and tried to sell me different ways, so there are more salespersons than real investors here. I am sure they will be reading this post; that’s fine, let them do their part. We investors all plunged into this process knowingly, so I personally request these salespersons very clearly do not try to fearmonger or bully investors. I don’t know about others (BUT YOU CANNOT DO THAT TO ME). The world has seen worst things than this, and personally, I am aware of where I stand, and I have accepted to live with it. To end this message, I have to update 2 investors who contacted me, and we have created a group hopefully we will keep adding more investors to that group and work together. I come from the Land of Karma, and I genuinely Believe in it. We have not done anything wrong, so the result will be good Namaste
If you could kindly elaborate on what they were trying to “sell” you and what you meant by “fearmongering”, I would really appreciate it.
Thanks, Veedster appreciate your reply. We can talk on the phone. I will brief you if you call me
Still no talk at the Hill regarding EB-5. And we are already approaching mid Jan. 30 days is too less for re-authorization talks, if at all they do happen.
Given the current state, in most likelihood there will be no re-authorization in Feb 2022. If there is no re-authorization in Feb, USCIS will come under pressure to start denying pending petitions.
I am quite worried now.
AIIA is holding a webinar this weekend, January 15th 6pm PST. Everyone is welcome to join (regardless of whether they are an AIIA member). Registration link here:
https://us06web.zoom.us/webinar/register/7016414962844/WN_EP-vbIDSQw-bzfomAiwJGQ
Hello Suzanne,
It is just nearly 30 days to Feb-18 but nothing new or even there is not any sign about the reauthorization!
Do you have any news Suzanne?
Thank you.
Chances of reauthorization are minimal to none, may be for a long time. Industry will not accept G/L bill and Congress/Senate are not going to offer them much of the wish list. So complete logjam and at loggerheads. Actually things are probably worse than June 2021, when G/L bill was tabled.
On twitter AIIA states: “We are interested in hearing specifically about individuals or groups of investors who are considering, planning to, or are currently in litigation to refund their investment capital. Please write to info@goaiia.org”
Seems like situation with reauthorization is not looking good.
There will be no re-authorization in 2022. Its a quite a likely possibility that its the end of EB-5 RC. 2022 will be the year of litigations, stress, anxiety and the unknown consequences.
All because the “industry” did not want a change and would not agree to a compromise with Congress.
BTW also from twitter it seems like AIIA is holding a public zoom call to discuss EB-5 and grandfathering. I think we should join to see how AIIA plans to make progress with grandfathering.
I will be joining. Better late than never.
Count me in too.
Yeah, me too.
These regional centers have destroyed everything for us. All day I have been thinking of the day I first met with my regional center and decided to get into EB-5. Its getting over.
I think USCIS might be just waiting to see if Feb might be the month when re-authorization or grandfathering can happen. If they don’t see signs of either of these, then they may start denying petitions or might just wait out until Feb 18th.
We should call up our regional centers and express how we feel about our situation: health and wealth both consumed by the greed of this regional center industry.
Do you mind me asking if you are in US or outside US ? If outside US, any possibility of mainland China ? Just wanted to know if you have any insider insight about what level of awareness our Chinese co-investors have about the current situation.
I am from China. I have been asking my attorney about re-authorization prospects. In fact, I have been asking him every week. He would never give me a clear answer. However, today he told me that USCIS will just wait until Feb 18th or may even start denying petitions if they dont see any prospects of movement on EB-5 talks. USCIS cannot hold petitions in abeyance for too long. Its for this reason USCIS EB-5 webpage still says we are “reevaluating”. They could have easily said “we will hold petitions in abeyance for another 90 days” but they did not.
My attorney works with lobbyists at the Hill, so I can believe him. But yes, thats his interpretation of whats going to happen. I consider his view important because he has been part of lobbying firm and can get to know how things are moving at the hill.
Additionally, he said there is currently no talks planned for EB-5 at the hill and no update has happened since New Year. He sounds pessimistic about reauthorization ever taking place.
Thank you Xian. My insider information also is very similar. Reauthorization is very, very unlikely to happen. Not just now. EB5 RC program is dead. Will FIFPA be allowed or not, only time will tell. Will AIIA manage to achieve it ? If we all rally behind, chances are likely. FIFPA with AIIA is the only hope left.
I hope and wish that global investors have some access to this blog, everything else is not reliable at all.
There is no new action on “H.R.2901 – EB–5 Reform and Integrity Act of 2021” or on “S.831 — 117th Congress (2021-2022)”
I m EB5 RC investor from India.
I have started writing to various media organisations to cover this issue from the perspective of investors. I would highly recommend that we use all our connections to write to mainstream and online media as investors whose money has been accepted and used to not only generate employment but also support US economy in the time of pandemic. We must bring the focus of the legislation and industry to the aspect that these investors must be protected and treated with fairness by the US government as nothing less is expected of them by those who invested in good faith into this country.
A template of this letter incase you would like to use:
In your article dt xxx c for xxxx you covered the issue of EB5 Regional Centre program.
I am an EB5 RC investor from India. Our I526 has been approved in Sept 2020 but USCIS has put all further processing of I526 in abeyance due to suspension of EB5 RC program. We are in India and have very little information on how the legislation is moving forward with the authorisation or grand fathering bill. We have invested our lives’ savings in the program based on the assurances by regional centres and have followed the due process to obtain the green card through the EB5 RC route. We are patiently waiting for some news on reauthorisation of EB5 RC however, there doesn’t seem to be any clarity on when could there be decision taken by the congress/senate to put an end to our misery. I have read on various blogs that a minority of Regional Centres are responsible for derailing the authorisation of the bipartisan bill on EB5 RC already tabled both in congress and senate in June 2021. There have been no discussions on this thereafter. Industry and lobbyists are hoping for some progress by 18th Feb 2022 but no one is willing to give any assurance so far. Overall outlook is very bleak from where we see it.
Could I request you to urgently write a follow up on your previous article exploring these minor but very urgent aspects of the process of reauthorisation as there needs to be some attention given to the plight of investors who have already given their money to the US government and regional centres for various infrastructure projects. This investment has already generated huge employment in the sector and supported US economy. These investors must be treated with fairness and therefore a grand fathering bill must be passed by Feb 2018 , 2022 before USCIS starts rejecting pending petitions of current investors which are in abeyance.
There are many investors who are joining a zoom call on 15th January 2022 at 6 p.m. pacific time to discuss this subject. I would encourage everyone who might be interested in connecting with these investors to bring this issue before their readers, legislation and other stakeholders. Please let me know if you would be interested.
Look forward to your response.
xxxx
Protest at the Capitol Hill is a good idea. It is the right place to make noise. I hope Mr. DAS can gather enough people there. We need to act and to express our anger and anxiety.
We should continue to support grandfathering.
We should also need to send messages to Grassley. He will be the most difficult guy to pass.
Please do some research about what he thought about EB-5 RC before you write. If you simply ask for sympathy, it will not work with him.
It is urgent and we need to act NOW.
My suggestions to contact Grassley:
1. What you have scarified to invest in the EB-5 program both financially, emotionally, forgone opportunities and time.
2.What positive externalities that you can bring to the US as an immigrant investor.
Why didn’t Grassley see that most wealthy people are smart, hardworking and well-educated? We want to come to the US for more opportunities from our talents. It is mutual benefits for both investors and the US. We don’t come here to ask for food stamps, Medicare, Medicaid…. We come here to pay taxes, to do businesses, to teach in universities, to do research …. Any reasons that he did not want any of these?
3. Possible outcomes if we have to pull out our funds or USCIS denies all pending petitions.
4. We need grandfathering law to protect existing good faiths investors who have put investment in the US for years.
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For questions about talks at Capitol Hill about EB-5, we need to look at two sides: RCs and Grassley – Leahy. They have no common ground.
Grassley: from what you wrote, it shows few things:
To me, Grassley looks at EB-5 program as a zero-sum game (very old and incorrect economic concept).
To him, there are three participants in this game:
Investors – Regional Centers and US Economy.
What did he want?
We wanted investors and Regional Centers scarify more in order for the US economy to gain more. Investors must put more skin and meat into the game. Regional centers/developers make little or no profits. As the results, the US economy will gain more from that.
If you go to the negotiating table and still want benefits, Grassley will likely not listen to you.
From what he wrote, I don’t believe that there will be any talks if Grassley is still in the Hill.
Regional centers/developers: they are private business. Profits define who they are.
In my opinion, Grassley should create EB-6 Program: Wealthy foreign people can donate, no return, 500k to develop rural areas across the US. These people are also eligible to get green cards.
If Grassley asks regional centers/developers to invest in rural areas and satisfy employment requirement, it will be too difficult for the regional centers/developers to survive. EB-5 RC program like that is the same as a dead one.
Government fund should take the lead in developing rural areas. Grassley may be better to ask Biden to direct the 1.5T to rural areas. He should not blame EB-5 program.
Tony, I would really appreciate it if you and others reading the blog could gather a few investors who can join me; I will take the lead definitely. I will also contribute to AIIA let them do their best to find a resolution. we have to try every possible way like Vishaka Mentioned media coverage and other actions
Capitol Protest is a good thing. Along with it, I think supporting AIIA to pursue FIFPA/ grandfathering might be very useful. AIIA is investor alliance and is the only forum now only for grandfathering. Even AIIA is no longer taking reauthorization too seriously.
Apart from that, ask your regional center to allow grandfahering. The so called “industry” is basically the collection of regional centers. And they are the trouble makers, and not letting negotiations start. They are stll fixated on their demands, which Congress would never agree to.
Regional centers believe that investors can keep waiting while they play hard ball with Congress. Investors need to put up a united front and state to the industry that if we get our petitions denied, then we will pursue litigation against regional centers to get back our funds.
We NEED a united front. We NEED an alliance. We will NOT survive if we offshore our future to regional center industry.
Its about time to get behind AIIA in all our capacity. We owe this to our future, to our hard earned money. Please join on Jan 15th: https://twitter.com/americaniia/status/1481092253246722050?s=19
To all Investors like me, please stick to very simple protocols
1. Attend the AIIA meet on 15th Jan. Hear out the options.
2. Silent protest at Capitol to bring attention. Lets add to the group created by Mr Das
Flood of messages or a long worded essay here does not help.
Simply shows the anger and frustration we have accumulated. Lets channelize this anger into something formative.
USCIS has informed EB-5 stakeholder that they won’t continue hold petitions in abeyance after March 11, 2022. Simply put, if there is no FIFPA or reauthorization, USCIS is letting EB-5 stakeholder know that they will begin denying EB-5 RC pending petitions.
Yes yes, we know that. It was already known before as USCIS cannot keep holding petitions forever. They actually can be sued for keeping petitions on hold when there is no program, so they are compelled to do something about the petitions. And they have rightly made that clear to folks in EB-5 that we will deny pending petitions after March 11, 2022, if the program does not activate or petitions grandfathered by the way of going through Congress.
BTW I got to know about this news from AIIA. How did you get this information? Did your regional center contact you and inform you about this?
My attorney in US told me. I do not know how ge got the info. But it seems if multiple places are saying the same thing, then USCIS may told EB-5 people that we would start denying petitions after March 11, 2022
While USCIS is now planning to deny petitions after March 11th, 2022 Suzanne has deactivated comments on her most recent post. Trying to protect EB-5 RC crooks from investor anger? Huh? Don’t like the talk of accountability?
Maybe its about time to boycott this blog. We as investors need to fight as one group. Goalposts change and people show their true colors in hours of concern. And its unfortunate that this blog has taken this route.
BUT no worries. Continue to protect EB-5 RC thugs, crooks, fraudsters all you want. BUT crooks won’t escape accountability.
#BoycottLucidtext #Accountability #ShamelessLot
Your comment about Suzanne is so insulting and completely unnecessary. Being a victim does not mean you can keep behaving irrationally or erratically. Suzanne offers a great platform to people who want to share information and exchange views. No one forced you to come here and no one will miss you if you choose to leave.
Marcello,
Suzanne has nothing do do with this and please leave her out of this. There is no need to vent your frustrations and direct them towards her.
She likes constructive discussions based in fact on her blog and on the last post… the attacks on someone’s appearance etc seemed more personal and unprofessional.
We are all angry, upset and extremely vulnerable at the moment. Let’s channel this towards something productive that can help us get out of this bind rather than just thrashing around blindly.
I have personally attended a few meetings of AIAA and that seems to be the way atleast for me. I would advise you to try it out for yourself and see which way you want to go…
I doubt you are an investor. Nevertheless, after a series of false promises by RC industry, it would be interesting.to see how you would react after March 11, 2022.
You are not an investor, and certainly not someone whose money is at stake. As soon as petitions begin to be denied, there will be flood of lawsuits against regional centers. It will mark a new phase of litigations. And those who willfully participated in & suppoerted fraud, will be held accountable through justice. EB-5 RC fraudsters & their developer brethen who are living in their figment of imagination that they can dump existing investors as sacrifices to continue to pursue their greed will in for a suprise.
We will not allow these corrupt RCs and developers to live a life of comfort after defrauding us. Hurt the innocent, and life will teach you a lesson you will regret.
Marcello your insult to Suzanne is uncalled for and unfair. I highly doubt you are even an investor.
I asked my regional center regarding the USCIS indication of not holding petitions in abeyance after March 11th, 2022. My regional center has just confirmed the report that USCIS has informed them that they will not hold petitions in abeyance after March 11, 2022.
Also it seems USCIS only reached out to a few regional centers, may be the ones that have been around for quite some time or the ones they consider worth informing about their updates. Nonetheless, it seems showdown will not take months just less than 2 weeks. I guess we will know very soon about our future.
It would be next to unbelievable, probably a nightmare in reality, if announcement about our petitions getting denied is made in a just few days by USCIS. Still can’t believe this is happening. I have already not slept properly in the past week and I am sure most investors are going through it or even worse to be described in words.To my fellow brothers and sisters who invested in EB-5, please take care of yourself. Health is paramount. We all are under severe stress, as we are coming close to possibly losing our well deserved immigration benefit after putting so much of our hard work. Our investment, for which we spent countless hours to build our savings and then bring it over to US, after going through crazy rules and regulations, is now in believable jeopardy.
But please have faith in God. God sides on the side of the lot who act in good faith. Hoping for the best.
@Shefali Thank you for the kind words. We need to be supportive of each other. Its has been 5 years since my family invested, and after all of this we are asking, if all of this was even worth it. So many of our life decisions were taken based on EB-5, and now it seems its coming to an end. I feel sad and angry at the same time. Sad because my family sacrificed for something that we, in hindsight, now consider of really not much importance. Even if this grandfathering getting passed, I do not have it in me to step foot in US. I just can’t after all the health scares and so much we have lost interms of savings and just happiness, which we had prior to EB-5. I feel angry because I feel taken advantage of by this industry who has brought us to this state. At times, its important to remind oneself that America indeed is opposite culturally to us. Its a place where everyone has just one goal — Make money and don’t be shy about it. This is not us. This is not our culture. And experience in EB-5 sums it up very well.
The eb-5 reauthorization bill will pas on March 11.
What makes you say that? All indications are that reauthorization negotiations are going to be fought toughly by Grassley. Its really not plausible to think that reauthorization will pay by March 11 when really nothing much has happened in discussions.
Only hope is FIFPA grandfathering which unfortunaty is being repelled by regional centers and NY developers.
That is my prediction. The reason being that if it doesn’t pass this time then the program is dead. Period. So, i think congress understands that and hence will make decision, hopefully positively. If congress really wanted to kill eb-5 regional center program then why did they de-couple it rather than kill it straightaway. Simple to cheat couple of thousand more before killing it? I don’t think so. I stongly believe they will act responsibly. Fingers crossed though.
Going through this torrid experience, I now really do not want to move to America. We keep complaining about our countries where we currently live in, but we forget what America really is. It has a bullying behavior towards outsiders, and thinks it can really do anything at its own will. I keep reading where people say its fraud. I agree partially. Its a place where fraud does happen, but it happens legally.
I no longer intend to move to US. Parted with my money and health, we now feel victim of betrayal, though those in America will call out legal betrayal. .
I just want my money back and get over with this. madness
@Priya I commend you — for sharing what you are going through. Pain is personal and it takes a lit to share it.
I think you have most aptly summed up what industry has done to investors. Indeed and no better way to describe that we as investeos have been taken advantage of by regional center industry.
Feeling even more angry that having FIFPA approved would have been easy for industry, but in contrast the industry has been acting to scuttle grandfathering.