USCIS Reverses Initial Guidance on Adjustment of Status Applications Submitted Under the EB-5 Regional Center Program
July 7, 2021
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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.
