USCIS agreed to remove recent reforms to the EB-5 visa program that require recertification of regional centers based on a settlement between EB-5 Regional Centers and U.S. Citizenship and Immigration Services (USCIS). The EB-5 lawsuits challenged a USCIS announcement that all regional centers were to be recertified before resuming activities. The challenge was based on the recertification requirement being an inaccurate interpretation of legislation passed by Congress.

Regional Centers serve to pool investments from various investors and advance projects within the U.S. that qualify under the EB-5 visa program. Per the terms of the settlement, USCIS agrees that regional centers that have fulfilled certification requirements prior to the enactment of the EB-5 Reform and Integrity Act of 2022 are once again considered to be in good standing and can continue operating. However, for regional centers that retain their certification, they must submit a renewal application prior to December 29, 2022, and pay the related filing fee to continue their certification status.

In addition, EB-5 investors can submit their I-526E petitions without an official receipt from USCIS confirming that their I-956 had been submitted. Alternative proofs are now being accepted such as proof of payment of the I-956F, names of regional centers, new commercial enterprises, and if applicable, the job-creating entity as well as the date of filing of the I-956F.

The EB-5 Regional Center program was established in 1992 to facilitate the organizing and issuing of funds from foreign investors to the program. A benefit to qualifying foreign individuals who invest in the EB-5 program is access to the opportunity to obtain a green card.

If you have questions about the EB-5 program or any other immigration-related issue, contact us at ILBSG. Our team of experienced attorneys works with each client in their specific situation to ensure they get the right advice.

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