UPDATE 7/6/2021: On Friday, July 2, 2021, USCIS made changes (without any notification or announcement) to the guidance posted on June 30, 2021. As of 7/2/2021, instead of accepting and then holding onto adjustment of status applications, USCIS will reject 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.
On June 30, 2021, USCIS issued the following guidance for the EB-5 Regional Center Program as the program lapses with an uncertain future:
- Starting July 1, 2021, all Form I-526 and I-924 petitions related to regional center investments received by USCIS will be rejected.
- All I-526 and I-924 petitions related to regional center investments received prior to July 1, 2021 will be held by USCIS until further notice. USCIS will not adjudicate or review them until the EB-5 regional center program is reauthorized by Congress.
- Any Request for Evidence (RFE) of Notice of Intent to Deny (NOID) issued prior to July 1, 2021 should still be responded to by the stated deadline. USCIS will hold all responses until the EB-5 regional center program is reauthorized by Congress.
- All Form I-829 petitions will continue to be accepted and adjudicated by USCIS even after July 1, 2021.
- USCIS will continue to accept Form I-485 applications filed after July 1, 2021, but the applications will be held by USCIS until the EB-5 regional center program is reauthorized by Congress.
The complete announcement can be read here.
Contact our office today if you have any questions about the EB-5 regional center program or the EB-5 direct investment program.