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.

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.