Important Updates
Important Updates
August 18, 2025 | AustraliaPartner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration
August 19, 2025 | ChinaChina: New Visa for Young Scientific and Technological Talent Forthcoming
August 19, 2025 | EgyptEgypt: New Labor Law Forthcoming
August 19, 2025 | United Arab EmiratesUnited Arab Emirates: Longer Durations for Visas-on-Arrival
August 18, 2025 | AustraliaAustralia: Updates to National Innovation Visa Programs in New South Wales, South Australia and Victoria
August 18, 2025 | AustraliaPartner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration
August 19, 2025 | ChinaChina: New Visa for Young Scientific and Technological Talent Forthcoming
August 19, 2025 | EgyptEgypt: New Labor Law Forthcoming
August 19, 2025 | United Arab EmiratesUnited Arab Emirates: Longer Durations for Visas-on-Arrival
August 18, 2025 | AustraliaAustralia: Updates to National Innovation Visa Programs in New South Wales, South Australia and Victoria
August 18, 2025 | AustraliaPartner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

USCIS Reverses Initial Guidance on Adjustment of Status Applications Submitted Under the EB-5 Regional Center Program

July 7, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • In a swift policy reversal, USCIS now states it will reject Form I-485 adjustment of status applications based on a Form I-526 petition approved under the EB-5 Regional Center Program. Originally, USCIS had stated it would accept these applications and place them on hold.
  • The EB-5 Regional Center Program expired at midnight on June 30, 2021 but reauthorization negotiations continue in Congress. 

A closer look

U.S. Citizenship and Immigration Services (USCIS) has reversed its initial guidance on how the agency will treat EB-5 Regional Center adjustment of status filings while Congress deliberates reauthorization of the program. The agency now says it will reject regional center-affiliated adjustment of status filings, after initially announcing it would accept them and place them on hold.

The EB-5 Regional Center Program lapsed at midnight on June 30 as Congress did not reach an agreement on reauthorization prior to its expiration. On June 30, USCIS issued website guidance stating the agency would accept regional center-affiliated Form I-485 adjustment applications, but would place them on hold until further notice. However, on July 1, the agency reversed this guidance, stating it would reject all adjustment applications based on an approved Regional Center Form I-526 and reject any associated Form I-765 employment authorization document (EAD) and Form I-131 advance parole (AP) travel document applications as well. It is not yet clear how USCIS will treat EAD and AP extensions where a Regional Center-affiliated adjustment of status application was already pending as of June 30.

How will investors be affected by this change to the USCIS guidance?

Until further notice, as Congressional negotiations continue on reauthorization of the EB-5 Regional Center program, USCIS will reject Regional Center-affiliated Form I-485 adjustment of status applications and related applications for employment authorization and travel permission.  Foreign nationals seeking to rely on these initial ancillary benefits for work and travel will need to consult with counsel about whether to pursue other immigration options. 

Those seeking to renew their EAD and AP benefits or those seeking initial work and travel benefits based on a regional center-affiliated adjustment application received by USCIS prior to July 1 should continue to prepare and file EAD and AP extensions in a timely manner while we await guidance from USCIS.

The firm is closely monitoring congressional deliberations concerning the Regional Center Program as well as implementation of the USCIS filing guidelines, and will provide updates as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Video

Greek Citizenship by Descent: Are You Eligible?

In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Learn more

Blog post

Start Smart: Visa Pathways for Educational Opportunities in Thailand

Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Learn more

Fragomen news

Partner Charles Johanes contributes to Global Mobility Lawyer’s Guide to Global Immigration

Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.