Greenberg Traurig immigration attorneys Kate Kalmykov and Jennifer Hermansky discuss the critical Sept. 30 EB-5 grandfathering deadline and what investors need to know before it passes. The episode also covers recent favorable AAO decisions and a newly released USCIS Notice of Proposed Rulemaking implementing the EB-5 Reform and Integrity Act.
Continue Reading Immigration Insights Episode 28 | EB-5 Deadline Alert: Key Considerations Before September 30

U.S. Citizenship and Immigration Services (USCIS) continues to issue formal notifications initiating audits of EB-5 Regional Centers under the EB-5 Reform and Integrity Act of 2022 (RIA)’s authority.

The RIA requires USCIS to audit each approved Regional Center at least once every five years to ensure continued compliance with EB-5 program requirements. The audit process…

The newly released USCIS proposed fee rule includes reductions to several key EB-5 Immigrant Investor Program filing fees.

At a time when USCIS fees have largely trended upward due to inflation, staffing, and backlog-related costs, the proposed decreases for EB-5 filings stand out as a noteworthy development for regional centers and investors alike.

Proposed EB-5

…

On Sept, 25, 2025, U.S. Citizenship & Immigration Services (USCIS) began issuing Notices of Regional Center Termination (the Notices) to EB-5 investors whose investments were made through Regional Centers that failed to comply with the EB-5 Reform and Integrity Act of 2022 (RIA).  By way of background, USCIS terminated the designation of many approved Regional…

It is the time of year again for USCIS approved Regional Centers to pay their annual EB-5 Integrity Fees to USCIS. Under the EB-5 Reform and Integrity Act of 2022 (RIA), designated EB-5 Regional Centers must make an annual payment into the EB-5 Integrity Fund. The annual fee is $20,000 for each Regional Center, except…

On Aug. 19, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual to provide guidance on how USCIS officers should exercise discretion when reviewing immigration benefit requests. Specifically, the guidance clarifies that USCIS officers will carefully consider an applicant’s entire immigration record and weigh both positive and negative factors before making a decision…

United States Citizenship and Immigration Services (USCIS) has published EB-5 program data for Fiscal Year 2024, Quarter 4.  The released data show a high rate of denial for I-526 petitions versus I-526E petitions. 

The denial rate for I-526 petitions was around 30%, which means USCIS issued denials for almost a third of all applicants that invested funds. These…

In this episode of GT’s Immigration Insights series, host Kate Kalmykov is joined by Jill Jones, Head of Specialty Administration/General Counsel US, JTC, to discuss the EB-5 Reform & Integrity Act of 2022; how the post-RIA fund administrator is different from pre-RIA; the value of a fund administrator in EB-5 securities offerings; and the need…

In this episode of GT’s Immigration Insights series, host Kate Kalmykov is joined by GT colleague Jennifer Hermansky to discuss USCIS regional center audits, including an introduction of the RIA 2022, site visits, and debarment procedures for bad faith actors.

Click here to watch the episode.

Kate Kalmykov, co-chair of GT’s Global Immigration & Compliance Practice, spoke on the “Securing EB-5’s Future Webinar: How Will Pending Litigation Impact the Industry?” hosted by JTC Nov. 20, 2024. 

Over the past year, regional centers and industry organizations have filed lawsuits in response to several changes to the EB-5 program. Panelists discussed the…