• Insights

What's Next for the EB-5 Regional Center Program?

June 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

  • The EB-5 Regional Center Program is set to expire on June 30, 2021, unless Congress acts to reauthorize it.
  • There are widespread advocacy efforts to support bills to reauthorize the program. Though their prospects for passage are unclear, it is not certain that the EB-5 Regional Center Program will expire.
  • Fragomen is closely monitoring discussions in Congress and will continue to provide updates.

A closer look

Unless reauthorized by Congress, the EB-5 Regional Center Program is set to expire on June 30, 2021. In the past, the program – which has never been made permanent -- was typically reauthorized in one-year increments, as part of annual government funding legislation. Earlier this year, after the last program expiration, Congress took the unusual step of decoupling program extensions from appropriations legislation. The six-month extension meant that the program would expire midyear unless Congress reauthorizes it once again. The short reauthorization also means Congress will have a midyear opportunity to make statutory changes to the program, which have long been discussed in the legislature.

Legislative proposals on the EB-5 Regional Center Program

Currently, several EB-5 Regional Center Program bills are pending in Congress. Chief among these is the EB-5 Reform and Integrity Act of 2021, sponsored by Senators Chuck Grassley (R-IA) and Patrick Leahy (D-VT). This bill would reauthorize the EB-5 Regional Center Program through September 2026 and would also increase the compliance responsibilities of Regional Centers, including more expansive accounting and auditing requirements.  

The prospects for the Grassley-Leahy bill are uncertain at this stage, though it is being supported by a number of business groups, including Invest In the USA (IIUSA). EB-5 regional center stakeholders are engaged in vigorous advocacy to urge reauthorization of the program. Fragomen has joined other critical stakeholders in advocating for reauthorization, stressing to congressional leaders the significant economic benefits that the program has brought and continues to bring to the United States.

How would investors be affected if the EB-5 Regional Center Program expires?

It is not yet clear how U.S. Citizenship and Immigration Services (USCIS) would address the expiration of the program, if that occurs. In the past, during temporary expirations, USCIS has accepted Form I-526 Immigrant Petitions by Alien Investors, and Form I-485 Applications for Adjustment of Status to Permanent Residence, but put the adjudication of new and pending cases on hold pending action in Congress. Forms I-829 Petitions by Investors to Remove Conditions on Permanent Residence Status were not affected by past program expirations. These actions were taken while Congress debated and finalized legislation to extend the program. It is possible that Congress could issue a short-term temporary extension of the Regional Center Program while it considers new reauthorization legislation. 

The firm is closely monitoring congressional deliberations concerning the Regional Center Program 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

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
October 16, 2026 | United StatesBusiness Insider: The Winners and Losers of the New H-1B Era
October 16, 2026 | CanadaCanada: Express Entry Changes to Prioritize High-Wage Occupations
October 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 16, 2026 | United Kingdom, IrelandFragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
October 16, 2026 | United StatesBusiness Insider: The Winners and Losers of the New H-1B Era
October 16, 2026 | CanadaCanada: Express Entry Changes to Prioritize High-Wage Occupations
October 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
October 16, 2026 | United Kingdom, IrelandFragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe
October 16, 2026 | IndiaIndia: Minimum Salary Level for Employment Visas Significantly Increased
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.