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Watch our latest video: Houston EB5 Corporate Video
0:00 breaking news: eb-5 regional center re-authorization
0:54 program extension and “grandfathering”
1:41 adjustment of status
3:15 investment amounts
3:53 TEA changes and rural projects
8:39 other changes
4 Key changes to the EB-5 Regional Center Program:
Re-Starts Adjudication: The Act re-starts USCIS adjudication of pending I-526 petitions and pending I- 485 Adjustment of Status Applications based on approved I-526 petitions. The Act also re-starts Department of State (“DOS”) processing of approved I-526 petitions at the National Visa Center and U.S. Consulates. If you already have an initial I-526 approval please reach out to your immigration attorney to schedule your visa appointment.
5-Year Reauthorization: The EB-5 Program has been reauthorized for the next 5 years, through September 30, 2027. The 5-year reauthorization gives the EB-5 Program long-term stability. The Act provides express protection to EB-5 investors from a potential future lapse so there will be no future pauses in your EB5 process like the one you suffered from June 30th to March 11th.
Simultaneous Filing of Adjustment of Status: It is now possible to simultaneously file an I-526 petition together with an application for Adjustment of Status (Form I-485) with USCIS in the U.S. To be eligible for Adjustment of Status, applicants must hold lawful visa status in the U.S. Simultaneously filing the I-526 EB-5 green card petition with I-485 Adjustment of Status gives investors the possibility to live in the U.S. while awaiting USCIS adjudication of the I-526 petition. Adjustment of Status provides the investor and family with a temporary work permit and travel permit while awaiting adjudication. Simultaneous filing of Adjustment of Status is available to I-526 petitions that are already filed. Please reach out to your immigration attorney to see if you and your family qualify to live in the US while you await your I-526 approval.
Processing times: The Act requires USCIS to increase the pay of employees administering the EB-5 program, which opens the door towards additional staffing and faster processing of EB-5 cases. The fees associated to run an EB5 Regional Center have also increased considerably. These fees should help the USCIS to get the resources it needs to better execute the program. In this respect, the Act also requires an official evaluation of processing times to be done next year.
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