USCIS posts Q&A addressing many EB-5 questions
October 11, 2023 10 Comments
Today USCIS published a page of EB-5 Questions and Answers (updated Oct. 2023), with the most extensive guidance to date on USCIS interpretation of the EB-5 Reform and Integrity Act. For historical reference, here are images as the Q&A posted on October 11, 2023, in case the content is subsequently challenged and revised.
EB-5 Updates 
I don’t understand the law. The law should be for everyone, How the law can be interpreted for POST RIA vs PRE-RIA. In fact the people who are stuck for longer should be helped with their investments. What a night mare. I don’t know which era i am living. US is not the place anymore for investments. It is better to get our funds back some how. I don’t need GC at all.
Note that this Q&A is particularly focused on interpreting the RIA. There are still open questions around redeployment generally, including for pre-RIA investors, and still regulations to be written. The case is not closed yet, and people continue to advocate on this topic. See for example https://goaiia.org/the-nightmare-that-is-eb5-redeployment/
This is America. One of the fairest countries, one that treats everyone fairly, one that has the friendliest investment environment, no crooks, laws that are just and perfect, that don’t change from one day to the next, that don’t discriminate between domestic and foreign investors when it comes to economic problems. You should be confident enough. If the investor dies the children can inherit the investment money, but the investor is determined not to refund the money before getting the green card, what a magic fair design. Hahaha!
I can totally understand your frustration.POST RIA regulations are arbitrary & discriminatory to PRE RIA I 526 applicants & should be challenged in court of law.
Hi Susanne,
what is your ball park guess on pre-RIA redeployment investors’ funds? Will it stay this way to where the funds will have to be redeployed or do you see any chance of pre-RIA investors’ funds treated the same way as that of post-RIA?
The RIA law does not mention anywhere that whatever changes are made in the law just for new investors. It can be challenged legally.
I honestly don’t know how we can all gather here and file a case. Seriously thinking here. This AIIA advocacy is good. But that is going to take long time. But this is our investment isn’t this like imposing rules on people hard earned money and playing games by USCIS on what their interpretation of law. Law should be same for everyone. This PRE and POST is definitely making me not to sleep at night. I invested the money to get a greencard in faster way but what i am seeing is USCIS misusing our hard earned money because of their wrong interpretation. Is any immigration lawyers here monitoring these threads. Do you guys have any solution here.
Too have touched on raw nerve of PRE RIA investors (I 526 petitioner).
Too have touched on raw nerve of PRE RIA investors (I 526 petitioner).
I honestly don’t know how we can all gather here and file a case. Seriously thinking here. This AIIA advocacy is good. But that is going to take long time. But this is our investment isn’t this like imposing rules on people hard earned money and playing games by USCIS on what their interpretation of law. Law should be same for everyone. This PRE and POST is definitely making me not to sleep at night. I invested the money to get a greencard in faster way but what i am seeing is USCIS misusing our hard earned money because of their wrong interpretation. Is any immigration lawyers here monitoring these threads. Do you guys have any solution here.