USCIS to Reject Adjustment of Status Applications Affiliated with the EB-5 Regional Center Program

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By: Brittany Simmons

United States Citizenship and Immigration Services (USCIS) has stated that it will not accept Form I-485 adjustment of status applications based on approved Form I-526 petitions that are affiliated with the expired EB-5 Regional Center Program. The agency previously stated that it would accept these applications and place them on hold.

The EB-5 Regional Center Program expired on June 30, 2021. It is unclear whether Congress will renew the program, which has never been permanent. USCIS has not yet stated whether it will reject Form I-765 employment authorization document (EAD) and Form I-131 advance parole (AP) submissions associated with regional center adjustment of status applications that were already pending on June 30, 2021.

The future of the program   

Congress continues to negotiate the reauthorization of the EB-5 Regional Center Program. In the meantime, USCIS will reject new applications that are affiliated with the program, including Form I-485 adjustment of status, and related EAD and AP applications.

Foreign nationals who submitted a regional center affiliated adjustment of status application prior to July 1, 2021 should still timely file their EAD and AP applications.

conclusion

Our immigration team will closely monitor the development of EB-5 Regional Center Program policy in Congress and provide updates when they are available. Please contact your Chugh, LLP immigration professional for case-specific questions.

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