On April 29, 2022, USCIS held its EB-5 Reform and Integrity Act of 2022 Listening Session and clarified that entities seeking to be designated as a regional center are required to file Form I-956, Application for Regional Center Designation. The EB-5 Reform and Integrity Act of 2022 repealed the legacy Regional Center Program. As a result, previously designated regional centers must reapply by filing the new Form I-956, Application for Regional Center Designation. USCIS will be publishing this new form, including the form instructions, with additional information regarding the filing process by May 14, 2022.
Individuals seeking status as an EB-5 immigrant investor whose investment project is associated with a regional center (with an approved Form I-956 after May 14, 2022), may file an I-526 Immigrant Petition only after the regional center has submitted a project application and received a receipt number for that application.
USCIS has resumed processing regional center-related I-526 Immigrant Petitions filed on or before June 30, 2021. USCIS will adjudicate those Forms I-526 petitions according to the applicable eligibility requirements at the time such petitions were filed (that is, the eligibility requirements in place prior to the enactment of the new legislation on March 15, 2022). The need to reapply as a regional center does not impact petitions pending prior to March 15, 2022 associated with those entities.
For more information, visit EB-5 Questions and Answers (updated April 2022) on the USCIS website.
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 EB-5 visa applications and regional center designation, please contact an attorney in Jackson Walker’s Business Immigration & Compliance practice.
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