USCIS Statement Regarding The EB-5 Regional Center Program During The Shutdown

January 22, 2019 EB-5 Daily

What do investors needs to know about the EB-5 Regional Center Program during this government shutdown? Below is the statement USCIS has released regarding the EB-5 Regional Center Program during the government shutdown.

What is the EB-5 Regional Center Program? Congress created the Regional Center Pilot Program in 1994 and it allows foreign entrepreneurs who invest capital into U.S. job-creating businesses to obtain green cards.

The EB-5 Regional Center Program is one of a few programs that have been connected to the federal government funding. If Congress merely passes a short-term funding bill, like it has for the past 4 years, the EB-5 Regional Center Program is only reauthorized for that period of time. If Congress cannot pass a bill, like it did not in December, then the EB-5 Regional Center Program expires when the government shuts down.

Despite the current shutdown, United States Citizenship and Immigration Services (USCIS), which processes EB-5 petitions, is still up and running due to its funding being from immigrant investor filing fees.

EB-5 investors and potential investors should know that USCIS is still performing some operations, but are not able to perform others. Here is their official statement, which describes which operations will and will not be affected:

"The EB-5 Immigrant Investor Regional Center Program expired at the end of the day on Dec. 21, 2018, due to a lapse in congressional authorization to continue the program. All regional center applications and individual petitions are affected. USCIS will not accept new Forms I-924, Application for Regional Center Designation Under the Immigrant Investor Program, as of Dec. 21, 2018. Any pending Forms I-924 as of Dec. 21, 2018, will be put on hold until further notice.

"Regional centers should continue to submit Form I-924A, Annual Certification of Regional Center, for fiscal year 2018.

"We will continue to receive regional center-affiliated Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status, after the close of business on Dec. 22, 2018. As of Dec. 22, 2018, we will put unadjudicated regional center-affiliated Forms I-526 and I-485 (whether filed before or after the expiration date) on hold for an undetermined length of time.

"All Forms I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, filed before or after the expiration date, will not be affected by the expiration of the program.

"USCIS will provide further guidance to the public if legislation is enacted to reauthorize, extend, or amend the regional center program."

If you have any questions about this statement from USCIS, send us a message.

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