As we have been reporting, the EB-5 Regional Center Program remains in a period of lapse since June 30, 2021, requiring Congressional authorization via legislation. This legislation is required so that (1) new I-526 Petitions can be filed with USCIS by new investors, (2) USCIS can continue to process pending I-526 Petitions and I-485 Applications by existing investors, and (3) the State Department can issue immigrant visas to EB-5 investors waiting outside the United States to immigrate based on their approved Regional Center I-526 Petitions. It is anticipated that Congress may pass another short-term continuing resolution on or before Feb. 18, 2022, through March 11, 2022. It is not anticipated that an EB-5 extension legislation will be attached to the short-term Continuing Resolution. It will be important for Congress to take action on or before March 11, 2022, to reauthorize the Regional Center Program.

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Stakeholders who wish to reauthorize the EB-5 Regional Center Program should contact their legislators. The American Immigration Lawyers Association (AILA) and its Advocacy Action Center, Stakeholders of the EB-5 Regional Center Program, have also created a short form to easily email or write to legislators for this purpose.