EB-5 Regional Center Program on pause till March
Rasheed Alkhanji QICMS
Published 10:32 AM 21 February 2022
Updated 01:35 PM 20 March 2023
EB-5 REGIONAL CENTER PROGRAM: SUSPENSION OF APPLICATION INTAKES EXTENDED TO MARCH 11TH, 2022
The EB-5 Regional Center program, which is slated to expire June 30th, 2021, will likely remain temporary now that the U.S. Senate blocked a proposed reauthorization and reform bill.
On February 17th, 2022 the U.S. Senate passed a Continuing Resolution to fund the government through March 11th, 2022. The U.S. House of Representatives passed the Continuing Resolution February 8th, 2022. This gives Congress an additional three weeks to negotiate the outstanding funding bills for certain agencies and has averted a February 18, 2022 federal government shutdown. Congress did not attach an EB-5 Immigrant Investor Regional Center Program reauthorization bill to the Continuing Resolution. The next deadline for regional center reauthorization will be March 11th, 2022. At present, USCIS continues to hold in abeyance all regional-center-based I-526 Petitions and corresponding I-485 Applications. USCIS has not commented on holding the cases in abeyance since October 4th, 2021; however, no stakeholders have reported receiving any I-526 or I-485 denials at the time of this blog.
MARCH 2022 VISA BULLETIN
Numbers continue to be unauthorized for issuance for EB-5 regional center applicants for March. Nevertheless, if there is legislative action reauthorizing the EB-5 Regional Center Program in March, the final action date for all regional center visa applicants would immediately become current except for mainland China chargeable investors whose cut-off date would become November 22, 2015.
EB-5 FINAL ACTION DATES
March final action dates for Regional Center EB-5 visa applicants (unchanged from the February Visa Bulletin):
Mainland China: November 22, 2015
All Other Countries: Current
EB-5 DATES FOR FILING (CHART B)
In March, the dates for filing for EB-5 visa applicants who have invested through a regional center will also remain unchanged from the dates in February.
March dates for filing for Regional Center EB-5 visa applicants (unchanged from the February Visa Bulletin):
Mainland China: December 15, 2015
All Other Countries: Current
EB-5 REGIONAL CENTER PROGRAM
The regional center program is not currently available. It was closed on June 30, 2021, and it must be reauthorized by Congress before it can be reinstated.
CONSULAR BACKLOGS
Delays in consular processing continue due to COVID-19-related backlogs and high application volume. Although Trump’s immigrant ban is no longer in force, individuals impacted by it may still face delays and should wait to receive further instruction from the US consulate that processed their application.
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