What Investors Need to Know About Lapsed Authorization for EB-5 Regional Center Program

July 21, 2021 | Insights



By Christian Triantaphyllis

As of June 30, 2021, the EB-5 Immigrant Investor Regional Center Program has lapsed, and U.S. Citizenship and Immigration Services (USCIS) has since rejected any submissions received on or after July 1, 2021, of the following forms:

  • Form I-924 (Application for Regional Center Designation Under the Immigrant Investor Program), unless the application is to amend a regional center’s name, organizational structure, ownership, or administration; and
  • Form I-526 (Immigrant Petition by Alien Investor) when the investment is associated with an approved regional center.

USCIS will continue to accept and review Form I-829 (Petition by Entrepreneur to Remove Conditions on Permanent Resident Status). Should the EB-5 Regional Center Program’s statutory authorization remain lapsed, USCIS will begin rejecting Form I-485 (Application to Register Permanent Residence or Adjust Status) and any associated forms, including I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document), based on an approved Regional Center Form I-526. However, we anticipate the program will be renewed at a later date.

For additional information, please visit the EB-5 Immigrant Investor Program website.

As USCIS issues further guidance, stay tuned for potential updates from Jackson Walker’s Immigration group. For questions about how you or your business could potentially be impacted, please contact a Jackson Walker attorney.

The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice. For additional assistance related to the EB-5 Immigrant Investor Program, please contact an attorney in Jackson Walker’s Immigration practice.

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