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LEGISLATIVE NEWS

EB-5 PROGRAM LEGISLATION UPDATES & RESOURCES

On March 15, 2022, President Biden signed a law that made favorable changes to the EB-5 program, authorized a new EB-5 Immigrant Investor Regional Center Program, and directed that certain “grandfathered” immigration benefits be processed.

On June 24, 2022, a Judge issued a preliminary injunction against USCIS which requires USCIS to allow all previously designated EB-5 regional centers to presently operate. This decisions allows for new EB-5 investors to now be able to file I-526 petitions with existing pre-authorized Regional Centers including U.S. Immigration Fund.

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What are the biggest changes to the EB-5 Program that I should know?

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The EB-5 program now consists of annual set-aside categories for certain projects including 20% for rural areas, 10% for investment in a high unemployment area, 2% for infrastructure projects.

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Any new EB-5 investors who selects a TEA or rural project after March 15th, 2022 will qualify for EB-5 visa set asides and faster visa processing.

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There are NO waiting lists for new EB-5 visas for any country within the set aside categories. New investors will receive priority processing with approvals possible in as little as 120 days.*

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Investors can concurrently file their I-485 Adjustment of Status and their EB-5 I-526 petitions allowing you to remain in the U.S. while awaiting their visa approval and in the meantime obtain a 2-year temporary work permit and temporary travel permit in approximately 6 months after submitting the application.

READ EB-5 LEGISLATION NEWS

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*Based on USCIS data provided in The Reform and Integrity Act 

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