Important Updates
Important Updates
September 4, 2025 | United StatesUnited States: September 2025 DOL PERM and PWD Processing Times
September 4, 2025 | OmanOman: New Licensing Requirement for Select Roles 
September 4, 2025 | UgandaUganda/Mozambique: Visa Waiver Implemented
September 4, 2025 | United KingdomUnited Kingdom: Clarification on Costs That Can be Recouped from Sponsored Workers
September 4, 2025 | United StatesUnited States: Immigration Agencies Unveil New Regulatory Agendas
September 4, 2025 | United StatesUnited States: September 2025 DOL PERM and PWD Processing Times
September 4, 2025 | OmanOman: New Licensing Requirement for Select Roles 
September 4, 2025 | UgandaUganda/Mozambique: Visa Waiver Implemented
September 4, 2025 | United KingdomUnited Kingdom: Clarification on Costs That Can be Recouped from Sponsored Workers
September 4, 2025 | United StatesUnited States: Immigration Agencies Unveil New Regulatory Agendas
September 4, 2025 | United StatesUnited States: September 2025 DOL PERM and PWD Processing Times
Subscribe
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
    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 ImmigrationView 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

  • 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
  • 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
  • Insights

EB-5 Regional Center Program to Expire on June 30

June 30, 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

  • Congress will not reauthorize the EB-5 Regional Center Program by its midnight, June 30, 2021 expiration, though negotiations continue.
  • USCIS has issued guidance stating that new Forms I-924 applications and regional center-affiliated Form I-526 petitions will be rejected if received by the agency on or after July 1, 2021. 
  • USCIS will continue to accept Forms I-485 based on an approved Form I-526, but will place these filings on hold until further notice.
  • Form I-829 petitions to remove conditions on EB-5 permanent resident status will not be affected by the program expiration.
  • Advocacy efforts to support bills to reauthorize the EB-5 Regional Center Program are ongoing. Fragomen continues to monitor discussions in Congress and will provide updates. 

A closer look

The EB-5 Regional Center Program will lapse at midnight tonight as Congress will not reach an agreement on reauthorization before that time. Though Senators Chuck Grassley (R-IA) and Patrick Leahy (D-VT) had attempted to fast-track their EB-5 Reform and Integrity Act of 2021 by the program’s expiration date, their request for unanimous consent, which would have allowed the bill to quickly pass, was blocked by Senator Lindsay Graham (R-SC). Congressional negotiations continue, but the outcome and timing of these negotiations are uncertain. In the meantime, U.S. Citizenship and Immigration Services (USCIS) has issued guidance on how the agency will treat Regional Center filings in the interim.

Background on EB-5 program authorization

The EB-5 Regional Center Program, which has never been made permanent, has long been reauthorized annually in one-year increments as part of annual government funding legislation. Earlier this year, however, 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 separately reauthorizes it. This short reauthorization was intended to give Congress a midyear opportunity to make statutory changes to the program, which have long been discussed in the legislature. However, thus far, Congress has been unable to reauthorize the program even in its current form.

The EB-5 Reform and Integrity Act of 2021 would have not only reauthorized the EB-5 Regional Center Program through September 2026, but also would have increased the compliance responsibilities of Regional Centers.

Though the bill will not be fast-tracked, this and other legislation remain under review. Further, 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 will investors be affected by the EB-5 Regional Center Program expiration?

USCIS has issued guidance on how it will treat regional center-related applications and petitions after expiration of the program tonight, and while negotiations for reauthorization of the program continue:

Form I-485: After program expiration, USCIS will continue to receive regional-center affiliated Form I-485 adjustment of status applications, but will place these filings on hold until further notice.

Form I-924: Applications for Regional Center designation on Form I-924 received by USCIS on or after July 1, 2021 will be rejected and any such applications that are pending as of July 1 will be placed on hold until further notice. However, if the application is being filed in order to amend the regional center’s name, organizational structure, ownership, or administration, the application will not be rejected.

Form I-526: Form I-526 immigrant petitions received by USCIS on or after July 1, 2021 will be rejected if they indicate that the petitioner’s investment is associated with an approved regional center. Any such petitions pending with USCIS on July 1 will be placed on hold until further notice. 

Requests for evidence (RFEs) and related USCIS notices: For affected Forms I-924 and I-526, USCIS directs stakeholders to respond to any RFE or other notice issued by the agency by the required due date. Though USCIS will not be able to review the response unless the Regional Center Program is reauthorized, the agency must receive a timely response in order to process the application at a later time.

Form I-829: For foreign nationals already in EB-5 conditional permanent resident status, USCIS has confirmed that Form I-829 petitions to remove conditions on that status will not be affected by the expiration of the Regional Center program.

Applicants seeking immigrant visas under the EB-5 Regional Center category from U.S. consulates abroad will also be affected by the changes. After June 30, 2021, unless and until the Regional Center program is reauthorized, the State Department will not issue immigrant visas to those applying at U.S. consulates under the category. 

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 who 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

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Blog post

Moving to Saudi Arabia: How Orientation Programs Help Expats Adjust

Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Video

Dubai Introduces a ‘One Free Zone Passport’ – What It Is & How It’s Used | #MobilityMinute

Senior Corporate Services Manager Zak Hynes explores Dubai’s launch of the “One Freezone Passport."

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Blog post

Moving to Saudi Arabia: How Orientation Programs Help Expats Adjust

Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Video

Dubai Introduces a ‘One Free Zone Passport’ – What It Is & How It’s Used | #MobilityMinute

Senior Corporate Services Manager Zak Hynes explores Dubai’s launch of the “One Freezone Passport."

Learn more

Video

Navigating Business Travel in Germany: Essential Insights | #MobilityMinute

Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.

Learn more

Awards

Partners Molly Carey and Catherine Macris Named 2025 New England Legal Awards Finalists

Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.

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.