The parties to the lawsuit concerning the EB-5 Reform and Integrity Act of 2022 (US Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS), and stakeholders) filed a settlement agreement on August 24, 2022.
This agreement explicates all the certified regional center’s status & procedures for filing documents for the EB-5 program.
Highlights of the Agreement:
• Prior to June 30, 2021, previously approved Regional Centers (RCs) are regarded to be in “good standing.” Furthermore, since the Integrity Act was passed, these current RCs have not lost their designation.
• To sponsor additional investors, existing RCs must file Form I-956 as an amendment. The paperwork must be submitted to USCIS no later than December 29, 2022. The document must show that the current RC has complied with the Integrity Act’s mandatory procedures and regulations. By completing and submitting this form, an existing RC can sponsor investors and maintain its current geographic designation without needing to wait for permission. However, in order to propose an extension of a previous region to neighboring tracks, existing RCs must submit fresh project plans and economic evaluations.
• When deciding on Form I-956 submissions from current RCs, USCIS will refer back to its judgment in its earlier designation notices and documentation therein.
• A new Approach, as part of the Form I-956 procedure, Form I-956Es must show proof of a receipt notification from an I-956F project application. However, in order to better control processing delays, USCIS has put in place a new regulation. According to this guideline, if USCIS takes longer than 10 days to provide a receipt for Form I-956F, EB-5 investors may utilize proof of filing fee payment and physical delivery of Form I-956F as proof of receipt notification for Form I-956E. After receiving the receipt numbers, applicants can also file them. This guideline also applies to I-956Fs that have already been submitted. After the judge approves the Agreement, USCIS will send email receipt notices for I-956F for the first 16 weeks at the very least.
• Until the notice and comment rulemaking is finished, USCIS will take the new Forms I-956, I-956F, I-956G, I-956H, and I-526E into consideration. The deadline for comments is October 24, 2022.
• To help others learn more about the settlement, USCIS will post a FAQ about it within 21 days of the judge’s approval.
Please feel free to contact easyILA.com if you have any questions about how the immigration and nationality laws in the United States may affect you or your family members or if you would like to access more information about the United States immigration and nationality laws. For EB5 Projects and Applications, you can contact with us by phone (India +91-9825150532) or by email at eb5@admin
