The EB-5 Regional Center Program is set to expire on June 30, 2021. This is not the first time the EB-5 program has expired, as it has never been made a permanent program by U.S. Congress. In the past, the program has always been extended, subject to the federal government’s omnibus budget bill. However, this time may be different, as the program is no longer tied to that required budget bill.

The omnibus budget bill is legislation that is required to pass for the federal government to keep working. In the past, the EB-5 Regional Center Program’s authorization bill was attached to the budget as a rider, meaning that since the omnibus budget must always eventually pass, the program always gets extended. In 2020, however, the EB-5 Regional Center Program was removed from the budget bill, meaning Congress must separately authorize an extension by passing a law with that purpose or the program will lapse. As of June 22, 2021, congressional lawmakers were still pushing to get a bipartisan reauthorization bill finalized for a Senate vote before the expiration date next week. There are reports of opposition on some key integrity measures, which could delay the bill.

In the event Congress does not pass a reauthorization bill in time and the program lapses, USCIS will not likely accept new I-923 Applications or amendments, I-526 petitions, or I-485 applications based on an underlying I-526 petition affiliated with a regional center. Previously filed forms that are pending at the time of the lapse will likely be put on hold until the matter is resolved, based on how similar situations have been handled in the past. To date, USCIS has not issued any guidance on what will happen if the program lapses on June 30.

Please note that only EB-5 Regional Center Program petitions are affected. EB-5 direct petitions, which are filed without a regional center affiliation, are unaffected by any period of lapse. Even if there is a lapse in the Regional Center Program next week, it may not be the end of the program. Congress can still reauthorize the program after June 30, at which point it would be reinstated. As the current bill has numerous cosponsors and many industry groups and affected parties are lobbying for Congress to pass an extension, eventual reauthorization seems likely.

ILBSG is closely monitoring this situation and will update its clients on any new developments. If you have questions about EB-5 Regional Center Program petitions or any other immigration-related topics, contact us at ILBSG. Our team is here to help and ensure you get the right advice.

EB-5 EB-5 Regional Center Program i-485 I-526 I-923 immigration