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Is the EB-5 visa program still available?

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Malescu Law, PA, Business and Immigration Lawyers

0:00 – 1:12 Introduction
1:12 – 2:28 EB5 Regional Center program
2:30 – 3:38 Forms and petitions based on a Regional Center
3:40 – 5:02 The United States Citizenship and Immigration Services in EB5 visa


We are going to speak about the EB5 Investor visa program and some of the changes that have taken place in the month of June 2021. specifically, whether the EB5 program is still available to investors that are looking to obtain permanent residence in the United States.


As of July 2021 the EB5 visa program for the United States is only available for those investors who are making a direct investment in an operating US business. However, the EB5 visa program is not available at this time for those investors who are looking to make a passive investment through the EB5 Regional Center program. Because the EB5 Regional Center program has not been reauthorized by the United States Congress and has expired at midnight on June 30th 2021.


During the laps in authorizations the investors who are planning to invest through the Regional Center program would not be able to continue doing this investments. However, it is important to understand that the investors who are planning to apply for an EB5 through a direct investment can continue to do so at this time.


Given the laps in authorization the United States Citizenship and Immigration Services will reject any form or petition for an EB5 visa that is based on the EB5 Regional Center program and is received on or after July 1st 2021, including:


1. Application for Regional Center designation except for amendments to the center`s name organizational structure, administration or ownership.
2. Immigrant petition by alien investors
3. Application to register permanent residence or adjust status or application for employment authorization or application for travel document.


During the laps in authorization for the EB5 Regional Center program the US CIS would not continue to process any petition or types of forms associated with the EB5 Regional Center program. However if you have received written correspondence from US CIS asking you to respond by a certain date then you should go ahead and submit your response. United States CIS will not review the respond at this time but It will maintain it in the system until further changes are being made to the EB5 regional center program.


It is also important for you to know that US CIS will continue to accept and process petition by entrepreneurs to remove condition on the permanent residence status in the normal curse even for those petitions filed on or after July 1st 2021.

Find more details here: https://malesculaw.com/istheeb5pr...

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