USCIS Provides Guidance After Statutory Authorization for EB-5 Program Lapses June 30, 2021

On July 1, 2021, USCIS provided updated guidance as statutory authorization related to the EB-5 Immigrant Investor Regional Center Program, which expired on June 30, 2021, and will remain expired until Congress reauthorizes it.

USCIS will:

• Reject Form I-924 and I-526 received on or after July 1, 2021, related to the regional center program.
• Not act on any pending petition or application on these form types that is dependent on a lapsed statutory authority until further notice.
• Continue to accept and review Form I-829, including those filed on or after July 1, 2021.
• Begin rejecting all Form I-485 applications and any associated Forms I-765 and I-131 based on an approved Regional Center Form I-526.

AILA Note: This July 1, 2021, guidance differs from the initial guidance USCIS released on June 30, 2021, in which USCIS originally had indicated that it would continue to accept Form I-485 applications based on approved Form I-526.

Note that a lapse in authorization does not affect EB-5 petitions filed by investors who are not seeking a visa under the Regional Center Program.

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June 30, 2021

On June 30, 2021, USCIS released initial guidance as statutory authorization related to the EB-5 Immigrant Investor Regional Center Program will expire on June 30, 2021, unless Congress reauthorizes it.

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Cite as AILA Doc. No. 21063038.

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