EB-5 Questions and Answers

Can I retain eligibility under section 203(b)(5)(M) of the Immigration and Nationality Act (INA) if my regional center is terminated or my new commercial enterprise (NCE) or job-creating entity (JCE) is debarred?

Yes, in certain circumstances. The EB-5 Reform and Integrity Act of 2022 (RIA) added section 203(b)(5)(M) to the INA. The new section generally permits good-faith investors to retain their eligibility after termination of their regional center or debarment of their NCE or JCE. After we notify investors of the termination or debarment, they may retain eligibility either by notifying us that they continue to meet eligibility requirements notwithstanding the termination or debarment, or by amending their petition to show that they meet the requirements under section 203(b)(5)(M)(ii) of the INA (which has different requirements depending on whether the investor is seeking to retain eligibility because their regional center was terminated or because their NCE or JCE was debarred). However, any investor who was a knowing participant in the conduct that led to the termination or debarment may not benefit from section 203(b)(5)(M) of the INA (for example, such would be the case if the petitioner knew of fraud and failed to terminate or report an agent that is engaging in fraud for the EB-5 entity).

Do the investor protections under section 203(b)(5)(M) of the Immigration and Nationality Act (INA) apply to me if I filed a Form I-526 petition before enactment of the EB-5 Reform and Integrity Act of 2022 (RIA)?

Yes. To accommodate good-faith investors as envisioned by the RIA, we interpret the investor protections under INA section 203(b)(5)(M) to apply to pre-RIA investors in addition to post-RIA investors associated with a terminated regional center or debarred new commercial enterprise or job-creating entity.

Are all investors subject to the same eligibility requirements to retain eligibility under section 203(b)(5)(M) of the Immigration and Nationality Act (INA)?

No, because the underlying eligibility requirements for classification applicable to investors who filed petitions for classification before enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) as well as the impact of certain provisions of the RIA differ from the underlying eligibility requirements for classification applicable to investors who filed petitions for classification after enactment of the RIA. We explain the differences below, starting with pre-RIA investors.

Per the INA and the RIA, including the RIA’s grandfathering provisions under Section 105(c) (which requires continued adjudication of pre-RIA petitions even before the effective date of the RIA EB-5 reforms), pre-RIA investors may continue to be eligible or retain their eligibility under INA section 203(b)(5)(M) based on the eligibility requirements applicable to them when they filed their underlying petition. Accordingly, pre-RIA investors, in certain situations, may remain eligible based on indirect jobs even if we terminate their associated regional center. Pre-RIA investors must also sustain their investment throughout the 2-year period of their conditional residency under the requirements of Section 216A of the INA as applicable to investors who filed petitions for classification before enactment of the RIA.

On the other hand, post-RIA investors are subject to the new requirements added by the RIA. For example, post-RIA regional center investors, in general, must be associated with a filed or approved project application (Form I-956F, Application for Approval of an Investment in a Commercial Enterprise). See INA sections 204(a)(1)(H)(ii) and 203(b)(5)(F). In addition, post-RIA investors’ capital is expected to remain invested for at least 2 years as required INA 203(b)(5)(A)(i) (as amended by the RIA).

What factors influence how I can continue to meet eligibility requirements following termination of my regional center or debarment of my new commercial enterprise or job-creating entity?

Whether an investor continues to meet eligibility requirements or may need to take different actions to retain their eligibility will depend on:

• When they filed their petitions for classification (before or after enactment of the EB-5 Reform and Integrity Act of 2022 (RIA)) because of the different requirements and legal provisions that apply to them; and
• The reasons for termination or debarment and whether the investors’ eligibility for classification has been impacted.

In general, pre-RIA investors may remain eligible if their project is complete or will be completed in accordance with the comprehensive business plan, with sufficient job creation for all investors, and the investor’s capital has been and will be sustained through the requisite 2-year sustainment period of their conditional residency. In such cases, officers may plausibly determine that a pre-RIA investor associated with the terminated regional center is still eligible for classification as an immigrant investor, even without the need to reassociate with another approved regional center or make a qualifying investment in another new commercial enterprise. Also, we generally will not consider such termination a material change that affects continued eligibility.

In general, post-RIA investors may continue to be eligible if their capital remained invested for at least 2 years after being placed at risk under applicable requirements and satisfied the job creation requirement before termination or debarment. In such cases, officers may plausibly determine that such post-RIA investors are still eligible for classification as an immigrant investor, even though the regional center was terminated and without the need to reassociate with another approved regional center or make a qualifying investment in another new commercial enterprise.

However, for both pre- and post-RIA investors, if their regional center is terminated or their new commercial enterprise or job-creating entity is debarred and their capital investment project has failed or will only create less than the requisite number of jobs, they generally will not remain eligible and may use the protections under INA 203(b)(5)(M) to amend their petition to retain eligibility. For example, where the investor’s regional center is terminated and their project has failed, they may amend their petition to retain eligibility through their new commercial enterprise reassociating with an approved regional center or by making a qualifying investment in another new commercial enterprise to ensure satisfaction of applicable requirements such as job creation.

In all cases, we will make such determinations consistent with USCIS policy about deference to prior determinations to ensure consistent adjudication.

If I filed a Form I-526E, Immigrant Petition by Regional Center Investor, after enactment of the EB-5 Reform and Integrity Act of 2022, what happens to the Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, associated with my petition when my regional center is terminated?

After we terminate a regional center’s designation, we will revoke any Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, associated with the terminated regional center if the Form I-956F was approved as of the date on the regional center’s termination notice. We will deny any Form I-956F pending on the date of the termination notice or those the terminated regional center submits after the date of the notice. You may continue to be eligible notwithstanding the termination of your regional center where sufficient jobs were already created and your capital was invested for at least 2 years under applicable requirements before the termination of your regional center and subsequent denial or revocation of the associated Form I-956F. If that is not the case, you may amend your petition to remain eligible and demonstrate that your new commercial enterprise has reassociated with an approved regional center or that you have made a qualifying investment in another new commercial enterprise as your Form I-526E must continue to be associated with a pending or approved Form I-956F application.

How will I be notified of the termination of my regional center or the debarment of my new commercial enterprise or job-creating entity?

After we terminate the designation of a regional center or debar a new commercial enterprise or job-creating entity, we identify the investors and generally issue them a Notice of Regional Center Termination or Notice of Debarment. If you receive a notice, we identified you as an affected investor.

How long do I have to respond to the Notice of Regional Center Termination or Debarment?

As provided under section 203(b)(5)(M)(iii) of the Immigration and Nationality Act (INA), you generally must respond to the Notice of Regional Center Termination or Debarment of your new commercial enterprise (NCE) or job-creating entity within 180 days to either notify us that you continue to be eligible notwithstanding the termination or debarment or to amend your I-526E, Immigrant Petition by Regional Center Investor, to retain eligibility under section 203(b)(5)(M)(ii) of the INA (such as by your NCE reassociating with an approved regional center or by you making a qualifying investment in another NCE). Rather than strictly applying the notification timeframes under INA 203(b)(5)(M), we generally will extend the deadline for pre-RIA investors to respond to such notices until we adjudicate their Form I-526, Immigrant Petition by Standalone Investor.

What information is included in the Notice of Regional Center Termination or Debarment?

The Notice of Regional Center Termination will identify the terminated regional center and its date of termination. Similarly, the Notice of Debarment of a new commercial enterprise or job-creating entity will identify the debarred entity and its date of debarment. The Notice of Regional Center Termination or Debarment will also include information on where and how to submit a response, if needed, and a deadline for responding.

How do I show that my new commercial enterprise has reassociated with an approved regional center?

Evidence of reassociation may include a new regional center affiliation agreement documenting the change and updated offering documents.

Investors who filed petitions for classification before enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) may submit evidence of reassociation through the process identified in the Notice of Regional Center Termination or Debarment.

Post-RIA investors must file an amendment to Form I-526E, Immigrant Petition by Regional Center Investor, documenting the reassociation with an approved regional center in response to the Notice of Regional Center Termination or Debarment. Post-RIA investors filing a Form I-526E amendment are not required to submit another $1,000 EB-5 Integrity Fund petition fee, which is only required with initial Form I-526E filings.

How do I show that I have made a qualifying investment in another new commercial enterprise (NCE)?

Evidence of qualifying investment in another NCE may include a subscription agreement, private placement memorandum, business plan, economic impact analysis, bank statements, wire transfers and any other evidence applicable to establish that the investment is qualifying (including that it was derived from a lawful source).

Investors who filed petitions for classification before enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) may submit evidence of qualifying investment in another NCE through the process identified in the Notice of Regional Center Termination.

Post-RIA investors must file an amendment to Form I-526E, Immigrant Petition by Regional Center Investor, documenting the qualifying investment in another NCE. Post-RIA investors filing a Form I-526E amendment are not required to submit the $1,000 EB-5 Integrity Fund fee, which is only required with initial Form I-526E filings.

Can I make other changes to my petition when I amend my petition because my new commercial enterprise (NCE) has reassociated with an approved regional center or I have made a qualifying investment in another NCE?

Yes. Based on section 203(b)(5)(M)(iii)(II)(aa) of the Immigration and Nationality Act (INA), amendments to business plans are permitted and recovered capital can be considered the investor’s capital per section 203(b)(5)(M)(iii)(II)(bb) of the INA. Investment of additional capital may be permitted under INA 203(b)(5)(M)(ii) to the extent it needs to be “qualifying” based on the amount required for the new NCE (for example, where the new NCE is not in a targeted employment area) or when necessary to satisfy remaining job creation.

Can I make additional changes to my petition after I respond to a Notice of Regional Center Termination?

Generally, no. Once you have responded within 180 days to the notice and identified that you either remain eligible notwithstanding the termination or debarment or that you are amending your petition based on the reassociation of your new commercial enterprise (NCE) with an approved regional center or you having made a qualifying investment in another NCE, you generally may not further amend your petition in order to retain eligibility on another basis.

If I filed my Form I-526 before enactment of the EB-5 Reform and Integrity Act of 2022 (RIA) and make a qualifying investment in another new commercial enterprise, do I have to increase my investment to the new statutory amount?

No. The required amount for a qualifying investment under section 203(b)(5)(M) of the Immigration and Nationality Act (INA) is based on the requirement as of the original filing date of the underlying petition. Therefore, if you filed your Form I-526, Immigrant Petition by Standalone Investor, before March 15, 2022, and are seeking to retain eligibility under section 203(b)(5)(M) of the INA based on a qualifying investment in another new commercial enterprise, you must invest either the pre-RIA standard amount of $1,000,000 or the reduced amount of $500,000 if your investment is in a targeted employment area.

Can I request that my regional center be terminated?

No. We have the sole authority to issue terminations under applicable authorities. Investors (as well as new commercial enterprises and job-creating entities) cannot request a voluntary termination, although an individual or entity may request to withdraw their petition or application consistent with existing procedures. However, regional centers may withdraw from the EB-5 Regional Center Program and request termination of their designation (see Title 8 of the Code of Federal Regulations, section 204.6(m)(6)(vi)).

Can I request debarment of my new commercial enterprise (NCE) or job-creating entity (JCE)?

No. We have the sole authority to issue debarments under applicable authorities. Investors (as well as NCEs, JCEs, and regional centers) cannot request a voluntary debarment of an associated NCE or JCE.

Can I retain eligibility under section 203(b)(5)(M) of the Immigration and Nationality Act (INA) if my project failed but my regional center has not been terminated or my new commercial enterprise (NCE) or job-creating entity (JCE) has not been debarred?

No. An immigrant investor can only retain eligibility under section 203(b)(5)(M) of the INA if we terminate their regional center or debar their NCE or JCE. Project failure, on its own, is not an applicable basis to retain eligibility under section 203(b)(5)(M) of the INA. If you wish to have your NCE reassociate with another regional center or make a qualifying investment in NCE because of a project failure separate from termination or debarment, you must file a new petition for classification based on post-RIA eligibility requirements.

Regulations and the USCIS Policy Manual permit Form I-526 petitioners to demonstrate eligibility based on prospective job creation within 2 years and 6 months after USCIS adjudicates the Form I-526 petition. What are some of the circumstances, when adjudicating Form I-526, when USCIS might seek evidence of jobs created by investors who filed their petitions before the EB-5 Reform and Integrity Act (RIA) of 2022 (pre-RIA investors)?

Form I-526 petitioners can meet the job creation requirement by showing that future jobs will be created within the requisite time. They can do so by submitting a comprehensive business plan. See Title 8 of the Code of Federal Regulations (8 CFR) 204.6(j)(4)(i)(B) . However, a petitioner must be eligible at filing and throughout adjudication. See 8 CFR 103.2(b)(1). At the time of adjudication, if events described in the business plan have (or should have) already come to pass and the claimed jobs have been created, we may seek evidence about those jobs to find continued eligibility (for example, to determine whether such jobs are for “qualifying employees” or that the business plan remains comprehensive and credible). In addition, if the petitioner asserts that some or all employees have already been hired, the evidentiary requirements of 8 CFR § 204.6(j)(4)(i)(A) apply.

Does USCIS generate updated reports identifying Form I-526 petitions filed before the EB-5 Reform and Integrity Act of 2022 (RIA) with visas available each month once the Visa Bulletin is updated?

Yes. We generate updated reports each month identifying pre-RIA Form I-526 petitions with visas available or that will be available soon, based on the petitioner’s provided country of birth or country of cross-chargeability. 

When the Visa Bulletin indicates a movement in priority dates, are pre-RIA Form I-526 petitions moved between workflows?

Yes. Visa Bulletin movements can affect which workflow petitions fall in on a monthly basis. 

How is USCIS treating pooled standalone cases (for example, cases where multiple petitioners have invested into the same new commercial enterprise that is not associated with a regional center)?

Pooled standalone Form I-526 petitions are not allowed under the EB-5 Reform and Integrity Act of 2022 (RIA); therefore, we will reject any such petition based on a pooled, non-regional center investment filed on or after March 15, 2022.

We will adjudicate pooled standalone cases filed before March 15, 2022 (Pre-RIA), based on eligibility requirements at the time such petitions were filed.

Where can I find more information on Form I-526 and Form I-526E requirements?

Chapter 2: Immigrant Petition Eligibility Requirements and Chapter 3: Immigrant Petition Adjudication of Volume 6, Part G, of the USCIS Policy Manual, provide detailed information on the eligibility and evidentiary requirements and adjudication of these forms.

What is the visa availability approach to prioritizing adjudication of Form I-526?

As of March 31, 2020, we began first processing petitions for investors for whom a visa is either now or soon will be available. Form I-526 captures a petitioner’s country of birth, which is compared with Chart B of the U.S. Department of State’s monthly Visa Bulletin, which shows visa availability for that country. We use this information, along with other factors, to determine which Form I-526 petitions we should process first. Petitioners can check when to expect processing of their Form I-526 petition on the USCIS Processing Times page.

How is a visa availability approach different from a strict first-in, first-out (FIFO) approach?

The significance of this processing change is that, effective March 31, 2020, we began first processing petitions for investors for whom a visa is either now or will soon be available. Under a strict FIFO process, we would process Form I-526 petitions in the order received. Consequently, petitioners without visa numbers available would be processed ahead of those with visa numbers available, given that the oldest Form I-526 petitions were primarily from countries that were oversubscribed. (“Oversubscribed” means that a country’s visa demand exceeds the supply of visa numbers available for allocation in a given classification from the U.S. Department of State).

What petitions does this change affect?

USCIS applied the visa availability approach to all pending Form I-526 petitions as of March 31, 2020. At the same time, USCIS continued to work on Form I-526 petitions assigned for adjudication before March 31, 2020.

Why is USCIS implementing this visa availability approach?

This change in Form I-526 prioritization aligns EB-5 processing with certain other USCIS operations and programs that involve numerical caps for visa availability (for example, preference category family visa petitions). This change aligns better with congressional intent for visa allocation and increases fairness in the administration of the EB-5 immigrant investor program.

How often will USCIS assess visa availability throughout the year?

The USCIS Immigrant Investor Program Office (IPO) assesses visa availability monthly by reviewing the Department of State Monthly Visa Bulletin.

How will USCIS report Form I-526 processing times?

The USCIS Office of Performance and Quality reports processing times online and makes every effort to update the processing times every month.

Agency priorities and resources may change. Does the new visa availability approach apply indefinitely or only for fiscal year 2020?

USCIS implemented the visa availability approach on March 31, 2020. USCIS is unable to speculate on future changes.

How will USCIS handle expedite requests for Form I-526 petitions when a visa is not immediately available or available soon?

USCIS will review the expedite request in line with the agency’s standard guidelines. An approved expedite means that USCIS will expedite processing by taking the application or petition out of order. Once USCIS has assigned the petition to an officer, the timeline for reaching an adjudicative decision will vary.

How will USCIS respond to case inquiries for cases when a visa is not immediately available or is not available soon?

USCIS created standard language for responses to such inquiries, which inform the petitioner that the case remains pending and direct the petitioner to the USCIS processing time page.

Has USCIS considered the impacts of the change to petitions submitted before this update?

USCIS has considered potential adverse impacts and reliance interests, such as delays for those with already pending petitions from oversubscribed countries. USCIS sees many benefits to changing to a visa availability approach, specifically for petitioners from countries where visas are immediately available, because these petitioners would be better positioned to use their annual per-country allocation of EB-5 visas. Additionally, this change increases parity with other agency practices, aligns with congressional intent, and provides immediate relief for certain petitioners from underrepresented countries currently subject to significant wait times due to the current process. Moreover, this change does not create legally binding rights or penalties and does not change eligibility requirements.

How will USCIS handle cases where the investor may be eligible to charge his or her immigrant visa to a country other than the investor’s country of birth?

If the investor would be eligible to charge his or her immigrant visa to a country other than the investor’s country of birth, the investor should email IPO at uscis.immigrantinvestorprogram@uscis.dhs.gov and identify the foreign state of cross-chargeability and the basis of cross-chargeability (for example, his or her spouse’s country of birth). If the investor provides sufficient information or documentation, IPO will consider visa availability associated with the foreign state of cross-chargeability when determining whether to assign the Form I-526 petition for adjudication.

How many personnel were assigned to IPO at the beginning of FY2021?

At the beginning of FY 2021, IPO had about 236 dedicated personnel, including support staff, adjudicators, economists, Fraud Detection and National Security personnel, and other positions vital to the IPO mission. The number of adjudicative resources and personnel assigned to each EB-5 form type varies according to workload demands and agency priorities.

The visa availability approach prioritizes the assignment of Form I-526 petitions for investors with an available visa or a visa that will be available soon. Currently, how does IPO generally organize its Form I-526 petition inventory based on this prioritization?

The visa availability approach to managing inventory applies to pre-EB-5 Reform and Integrity Act Form I-526 petitions. IPO manages this Form I-526 petition inventory through workflows factoring in whether:

• A visa is available (or will be available soon); and
• The underlying project has been reviewed.

Workflows are generally managed in FIFO order when a visa is available or will be available soon. Please see this description (PDF, 238.48 KB) for more information.

Additionally, effective July 18, 2023, IPO began grouping petitions by new commercial enterprise (NCE) with filing dates on or before Nov. 30, 2019, within the workflow of petitions where the project has been reviewed and there is a visa available or soon to be available. These petitions are assigned by NCE using a FIFO methodology, namely, by date of the earliest filed petition in that workflow for each NCE. Given the large volume of petitions filed shortly before the EB-5 modernization rule (now vacated) had taken effect in November 2019 and because the project documents are often the same, assigning multiple petitions associated with the same NCE to the same adjudicator or adjudicators enables IPO to gain greater processing efficiencies, reduce the backlog and Form I-526 completion times, maximizes visa usage, and supports consistency and accuracy in adjudications, while maintaining fairness given the closeness in the filing dates of these petitions.

As of April 2024, we began extending the grouping of Form I-526 petitions to include petitions with filing dates up to March 2022. We found that we gained notable processing efficiencies on account of grouping petitions with filing dates on or before Nov. 30, 2019, and believe that extending this processing window to March 2022 will further capitalize on those efficiencies as we work diligently toward backlog reduction.

What methodology does USCIS currently use to calculate Form I-526 processing times?

See https://egov.uscis.gov/processing-times/more-info for more information.

When should I file Form I-829?

Petitioners must submit this petition within the 90-day period immediately preceding the second anniversary of obtaining conditional permanent resident status. You may include your conditional permanent resident spouse or former spouse and children in your petition.

What steps should a petitioner take to add an eligible dependent to a Form I-829?

You may request to add an eligible dependent to the pending Form I-829 petition who was not included on your original Form I-829 petition by emailing the Immigrant Investor Program Office with “Request to Add Dependent to Form I-829” in the subject line. Each dependent must file their own separate Form I-829.

Provide the following supplemental documentation for each dependent you are adding to the pending Form I-829:

• A photocopy of the petitioner’s Form I-829 Receipt Notice;
• Form I-829 indicating the relationship of the dependent to you;
• Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (if applicable);
• Documentation establishing the claimed relationship with the dependent being added to the pending Form I-829; and
• Proof of the dependent’s identity (for example, a copy of dependent’s conditional resident card).

As of May 23, 2024, we stopped accepting mail-in submissions. You must now submit the supplemental documentation listed above for each dependent by email to Immigrant Investor Program Office only.

If there is evidence of fraudulent activity with a project (for example, misappropriation of funds or misuse of investor capital), can a Form I-829 petitioner still demonstrate eligibility for removal of conditions on permanent resident status?

It depends on the facts of the case. In all cases, we will evaluate the evidence to determine whether the Form I-829 petitioner has satisfied all applicable requirements under INA 216A and Title 8 of the Code of Federal Regulations (8 CFR) 216.6(c). There are times when the fraudulent activity may have a bearing on the Form I-829 adjudication. For example, depending on the facts of a particular case, a project determined to be fraudulent may undermine the petitioner’s ability to show the job creation under 8 CFR 216.6(c)(iv). The fraudulent activity may also implicate the provisions of INA 203(b)(5)(O). If the fraudulent activity leads to termination or debarment, as applicable, of the regional center, new commercial enterprise, or job-creating entity, the Form I-829 petitioner may still be able to demonstrate eligibility under the provisions of INA 203(b)(5)(M).

Can I file a Form I-485 and Form I-526 or Form I-526E at the same time (“concurrent filing”)?

Yes, you can file Form I-485 and either Form I-526 or Form I-526E concurrently if approval of your petition would make a visa immediately available to you. See section 245(n) of the Immigration and Nationality Act. If you already have a pending Form I-526 or Form I-526E, including those Forms I-526 filed before March 15, 2022, you may also file a Form I-485 if you meet relevant requirements. See the Form I-485 page for additional information on Form I-485 filing requirements. Be sure to mail the forms to the address listed on this page: Direct Filing Addresses for Form I-526, Immigrant Petition by Standalone Investor, and Form I-526E, Immigrant Petition by Regional Center Investor.

Is there a specific order for filing applications for regional center designation, applications for investment offerings, and EB-5 immigrant visa petitions for investors in regional center projects?

Yes. Before a regional center can file for approval of an investment offering, the regional center must first have an approved application for designation, which includes designations obtained before the EB-5 Reform and Integrity Act of 2022 (RIA) was enacted.

An entity seeking regional center designation must apply for such designation under the EB-5 Regional Center Program on Form I-956, Application for Regional Center Designation, with the appropriate fee. The Form I-956 application must include a Form I-956H, Bona Fides of Persons Involved with Regional Center Program, for each alien involved with the regional center. On the Form I-956H, each alien attests, and provides information to confirm, that they are in compliance with section 203(b)(5)(H) of the Immigration and Nationality Act.

Once we approve the regional center’s designation application, the regional center will need to file Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, for each investment offering through a new commercial enterprise that the regional center intends to sponsor. A regional center that was previously designated and that is filing an amendment application to show the regional center’s eligibility for continued designation under the new statute may file Form I-956F before we approve the amendment application. The Form I-956F application must include a Form I-956H for each alien involved with the new commercial enterprise or affiliated job-creating entity. On the Form I-956H, each alien attests, and provides information to confirm, that they are in compliance with program requirements.

After the regional center has properly filed Form I-956F (but without it needing to be approved), an investor in that specific investment offering may file an individual Form I-526E, Immigrant Petition by Regional Center Investor.

Do regional centers that properly filed Form I-956 and/or Form I-956G, Regional Center Annual Statement, editions in effect on the filing date need to refile if a new edition of the form is published while the form remains pending?

Regional centers will not have to file an updated Form I-956 or Form I-956G simply due to revisions to the form or the form instructions that were published while the Form I-956 or I-956G remained pending.

Regional centers should ensure that they are using the most up-to-date edition of each form at the time of submission. More information, including the filing instructions and the current form edition, is available on our website landing pages for Form I-956 and Form I-956G.

May regional centers supplement a filed Form I-956G with additional information requested?

Regional centers use Form I-956G to provide required information, certifications, and evidence to support their continued eligibility for regional center designation. The form allows regional centers to amend or supplement a previously filed Form I-956G when either we determine or the regional center determines that the previously filed Form I-956G submission is insufficient.

If we determine that the information provided on the Form I-956G is insufficient, we may issue a Request for Information, Request for Evidence, or Notice of Intent to Terminate.

Regional centers should respond to the Request for Information, Request for Evidence, or Notice of Intent to Terminate with the requested information.

If a regional center has a Form I-956F application pending but has updates, can the regional center interfile (that is, supplement the information by sending it to USCIS), or does the regional center have to file a new Form I-956F?

Regional centers can interfile updates to pending Form I-956F applications. They do not require a new filing.

When must a regional center file a Form I-956 amendment?

According to section 203(b)(5)(E)(vi) of the Immigration and Nationality Act (INA), a designated regional center must file a Form I-956 amendment not later than 120 days before the implementation of significant proposed changes to its organizational structure, ownership, or administration, including the sale of such center, or other arrangements that would result in aliens not previously subject to the requirements of INA 203(b)(5)(H) becoming involved with the regional center.

Regional centers must also file a Form I-956 amendment if they are requesting any changes to their approved geographic area or the regional center’s name.

Are all regional centers—newly designated as well as previously designated—subject to the new provisions of the Immigration and Nationality Act added by the EB-5 Reform and Integrity Act of 2022 (RIA)?

All regional centers—newly designated as well as previously designated—are subject to the new provisions of the Immigration and Nationality Act (INA) added by the EB-5 Reform and Integrity Act of 2022 (RIA) because, with the repeal of the former authorizing statute, the only existing statutory authority under which a regional center may be designated for participation in the regional center program is INA 203(b)(5)(E). This is true regardless of whether the designated regional center intends to promote new projects for new investors under the reformed regional center program.

We continue to apply the provisions of the INA added by the RIA to all regional centers, including those designated before the RIA as contemplated by the Behring preliminary injunction and settlement.

When is the annual Integrity Fund Fee due and what amounts should regional centers pay?

Beginning Oct. 1, 2022, and each Oct. 1 thereafter, each regional center must pay into the Integrity Fund annually. See section 203(b)(5)(J)(ii)(I) of the Immigration and Nationality Act. The required payment amount depends on the number of investors under the sponsorship of all the regional center’s new commercial enterprises in the preceding fiscal year.

Regional centers must pay $20,000 if they have 21 or more total investors in the preceding fiscal year in their new commercial enterprises. Regional centers must pay $10,000 if they have 20 or fewer total investors in the preceding fiscal year in their new commercial enterprises.

We will terminate the designation of any regional center that does not pay the fee required within 90 days after the date on which such fee is due.

For more information, including how to calculate the total number of investors, visit the following webpages:

USCIS to Start Collecting Fee for EB-5 Integrity Fund

Federal Register Notice of EB-5 Regional Center Integrity Fund Fee

EB-5 Integrity Fund

Where do I file my Form I-956H, Bona Fides of Person Involved with Regional Center Program?

File Form I-956H by sending it to the appropriate mailing address provided on the Form I-956H webpage.

Use that address for any Form I-956H accompanying the regional center’s Form I-956 and Form I-956F filing as well as any Form I-956H filed in response to a USCIS notice, such as a Request for Evidence (RFE) or a Notice of Intent to Deny.

If we request any additional Form I-956H through an RFE, follow the instructions provided in the RFE on how to submit the additional Form I-956H. If the RFE asks you to submit the Form I-956H in accordance with the filing instructions in the Form I-956H instructions, follow the Form I-956H instructions when submitting the additional form. If we direct you to submit the additional Form I-956H in accordance with Form I-956H’s instructions in the RFE, but you send your Form I-956H to the Investor Program Office in Washington, D.C., as an exhibit(s) to your response to the RFE, we may reject the form. Such rejections may result in the delay of reviewing the response and adjudicating the associated Form I-956 or Form I-956F application.

With the response, we recommend that you include a cover letter and include the names of all aliens for whom a Form I-956H was submitted and ensure that all requested Form I-956H applications have been properly submitted per the form instructions.

Why was I scheduled for my biometric services appointment at an application support center far from where I live?

We typically schedule biometric services appointments at the closest application support center to the address provided in Part 3, Question 15, of Form I-956H.

Be sure to provide your personal mailing address and not your attorney’s or the regional center entity’s address. Providing the correct mailing address will help prevent unnecessary cancellations or rescheduling of your biometric services appointment, which delays the adjudication of the associated Form I-956 or Form I-956F application.

What entity name and identification number should I put in the chart in Part 2 of the Form I-956H if I am involved with multiple EB-5 entities?

You should use the name and identification number of the specific entity (regional center), new commercial enterprise (NCE), and job creating entity (JCE)) that you are involved with for the Form I-956H that will be filed with an associated Form I-956 (for involvement in a regional center) or Form I-956F (for involvement in a NCE or affiliated JCE). You must submit more than one Form I-956H if you are involved with more than one entity, as explained below.

Specifically, each alien involved with a regional center must complete Form I-956H, Bona Fides of Persons Involved with Regional Center Program, to be submitted with the regional center’s Form I-956, Application for Regional Center Designation.

If you are filing a Form I-956H due to your role in the regional center entity, you must provide the regional center name, any other names the regional center may use, and regional center identification number. Do not provide the names of any NCE or JCE on the table in Part 2 of the Form I-956H, even if you are involved with an associated NCE or JCE in some capacity.

Each alien involved with an NCE and/or an affiliated JCE must complete Form I-956H to be submitted with Form I-956F, Application for Approval of Investment in a Commercial Enterprise, for those specific entities. An alien involved with the regional center who previously filed Form I-956H with the Form I-956 must also file Form I-956H with the Form I-956F if that alien is involved with the NCE or affiliated JCE.

Therefore, aliens involved with an NCE or affiliated JCE will provide the NCE and JCE names, on the Form I-956H submitted with the Form I-956F. Likewise, aliens should not include the name or identification number of the regional center entity on the table in Part 2 of the Form I-956H if they are submitting the Form I-956H due to their role in the NCE or JCE.

How can an approved regional center that does not wish to continue participation in the Regional Center Program withdraw from the Regional Center Program?  

The EB-5 Reform and Integrity Act of 2022 (RIA) did not change the process for withdrawing from the Regional Center Program and requesting a termination of a regional center designation. When an approved regional center does not want to continue participating in the Regional Center Program for any reason, a regional center may withdraw from the program and request a termination of its regional center designation. See Title 8 of the Code of Federal Regulations 204.6(m)(6)(vi). The regional center must notify USCIS of its withdrawal in the form of a letter or as otherwise requested by USCIS. Once we receive a termination request, we will evaluate the request and notify the regional center of our decision on the termination request in writing.

Regional centers can mail the letter to:

U.S. Citizenship and Immigration Services 
Immigrant Investor Program Office, 
131 M Street, NE, 3rd Floor, Mailstop 2235 
Washington, DC 20529

Or, the regional center can email the letter to the USCIS Immigrant Investor Program Office.

Where can I find information about approved or terminated regional centers?

We publish a list of approved and terminated regional centers on our website:

• USCIS approved regional centers
• USCIS terminated regional centers

Do all designated regional centers, including those approved before March 15, 2022, need to file Form I-956G by Dec. 29?

Yes. Every designated regional center must submit an annual statement via Form I-956G, Regional Center Annual Statement. See section 203(b)(5)(G) of the Immigration and Nationality Act (INA). The instructions for Form I-956G implement the statutory requirement and provide that each approved regional center must file Form I-956G for each federal fiscal year (Oct. 1 through Sept. 30) on or before Dec. 29 of the calendar year in which the federal fiscal year ended. These dates relate to regional center designation. If a regional center is designated but has a pending amendment, they still need to file the Form I-956G.

Additionally, newly designated regional centers are also required to submit Form I-956G by Dec. 29 of the current fiscal year if approved on or before Sept. 30 of the same calendar year. However, newly designated regional centers approved on or after Oct. 1 of the same calendar year are not required to submit Form I-956G until the following calendar year (see, “A Designated Regional Center” chart below).

Form I-956G and its filing requirements were published in the Federal Register on Sept. 2, 2022. See 87 FR 54233. On July 24, 2023, after public notice and comment, the Office of Management and Budget approved Form I-956G and then the form was published. We have also mentioned the filing requirements previously at public engagements as well as via alerts on our website, including at the Oct. 30, 2023, joint engagement with the CIS Ombudsman and the Nov. 6, 2023, alert on our website.

We will sanction designated regional centers that fail to comply with the requirement to file their Form I-956G, up to and including termination from the Regional Center Program.  

Will USCIS publish designation letters for regional centers?

We do not currently plan to publish regional center designation letters on USCIS.gov.

What is required of regional centers to monitor and oversee EB-5 capital investment activities?

A regional center must have policies and procedures in place reasonably designed to monitor its associated new commercial enterprises (NCEs) and job creating entities (JCEs) to seek to ensure compliance with all applicable laws, regulations and executive orders of the United States, including immigration, criminal and securities laws. See INA 203(b)(5)(E)(iii)(II). Regional centers must also make and preserve various records related to claims, evidence or certifications contained in their annual Form I-956G filing or used to support associated investor petitions. See INA 203(b)(5)(E)(vii)(I). Regional centers that fail to make or preserve such records or adhere to such policies and procedures regarding proper monitoring and oversight of associated NCEs and JCEs may be conducting themselves in a manner inconsistent with their designation and be subject to sanction. See INA 203(b)(5)(G)(iii). Because the facts of each regional center may be different, whether a regional center is fulfilling its obligation to comply with program requirements is determined on a case-by-case basis. Because the characteristics of regional centers differ, it is not possible to do a one-size-fits-all checklist.

How should I format regional center identification numbers, new commercial enterprise ID numbers, application receipt numbers, and petition receipt numbers when completing Investor Program applications and petitions?

We assign a receipt number with a three-letter INF prefix to all regional center-related applications and petitions including initial Form I-956 designations, Form I-956 amendments, Form I-956G annual statements, and Form I-956F project applications.

Form I-526 and I-526E petitions related to a regional center will have one of two prefixes, WAC or IOE, depending on when they were submitted: petitions submitted before the EB-5 Reform and Integrity Act of 2022 (RIA) will have the WAC prefix, and petitions submitted after the RIA will have the IOE prefix.

Regional center ID numbers always begin with either the RC prefix or, for cases before the enactment of the RIA, an ID prefix. These prefixes are separate from the receipt number and are not interchangeable with the receipt number.

Initially, pre-RIA regional centers will keep the ID prefix, but once the regional center files a Form I-956 and we have approved it, we will permanently assign the regional center a new regional center ID number with the RC prefix. Identification numbers for new commercial enterprises (NCE) always start with the NCE prefix.

Once established with the initial filing for the regional center or NCE, the regional center and NCE identification numbers will generally stay the same throughout the business life of the regional center or NCE.

Please do not use spaces, dashes, or letters—other than the two- or three-letter prefixes followed by the numbers, as described above—when entering receipt numbers or regional center or NCE ID numbers into any regional center-related application, petition, or any correspondence to USCIS.

It is crucial that you enter these prefixes and numbers accurately so our automated systems can accept the EB-5 cases properly, which, in turn, will help us efficiently process EB-5 petitions and applications.

Attorneys filing regional center-related petitions or applications should typically include the full regional center name and NCE name (if applicable) in the header of their attorney cover letters and, if known at the time of filing, the regional center and NCE identification numbers.

Receipt Number Format

Entity Identification Number Format

Where can I find more information on regional center applications, project applications, and direct and third-party promoters?

See the USCIS Policy Manual, Volume 6, Part G, Chapter 4: Regional Center Applications, Chapter 5: Project Applications, and Chapter 6:  Direct and Third-Party Promoters for more information.

What is the legal basis that invested capital needs to remain invested for at least 2 years only for investors who filed Form I-526 or Form I-526E petitions after the EB-5 Reform and Integrity Act of 2022?

On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act of 2022 (RIA) as part of the Consolidated Appropriations Act. This statute authorized the reformed Regional Center Program and enacted significant integrity reforms to the EB-5 Program. Among other things, it also modified requirements for the timeframe an investor must maintain their investment to establish eligibility for classification (see INA section 203(b)(5) of the Immigration and Nationality Act [INA]) and to subsequently remove the conditions on an investor’s lawful permanent resident status. See INA 216A. To be eligible for classification, the investment must be “expected to remain invested for not less than 2 years” See INA 203(b)(5)(A)(i). Investors no longer need to sustain their investment throughout their period of conditional residence. See INA 216A as amended by the RIA. However, removal of the sustainment requirement does not apply to investors seeking to remove conditions under INA 216A based on a Form I-526 petition filed before enactment of the RIA. See section 104(b)(2)(B) of the RIA. Consequently, investors who filed Form I-526 petitions before the RIA must sustain their investment throughout the 2-year period of their conditional residence to be eligible for removal of conditions on their permanent resident status.

How long must an investment “remain invested” for Form I-526 and I-526E petitions filed on or after March 15, 2022?

An investor filing an EB-5 immigrant visa petition must have invested, or be in the process of investing, the required amount of capital in a new commercial enterprise in the United States and expect to maintain that investment for not less than 2 years, provided they have met job creation requirements. Although the statute does not explicitly specify when the 2-year period begins, we interpret the start date to be the date that the full amount of qualifying investment is made to the new commercial enterprise and placed at risk under applicable requirements, including being made available to the job creating entity, as appropriate. See INA 203(b)(5)(A)(i). If the investor invested more than 2 years before filing the Form I-526 or Form I-526E petition, the investment should generally still be maintained at the time the Form I-526 or Form I-526E is properly filed, to allow USCIS to appropriately evaluate eligibility.

How long is the required investment timeframe for Form I-829 approval?

Because of the changes made by the EB-5 Reform and Integrity Act of 2022 (RIA), the required investment timeframes for removing conditions will differ depending on whether the investor filed their underlying petition for classification before or after the enactment of the RIA.

For pre-RIA investors. The amendments made by the RIA to section 216A of the Immigration and Nationality Act (INA)—including removal of the sustainment requirements—do not apply to investors seeking to remove conditions based on a Form I-526 petition they filed before the RIA. See section 104(b)(2)(B) of the RIA.

RIA section 105(c) similarly mandates that the secretary of homeland security “continue to adjudicate petitions and benefits under sections 203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) during the implementation of this Act and the amendments made by this Act.”

Accordingly, we will adjudicate Form I-829 petitions associated with Form I-526 petitions filed before March 15, 2022, under the applicable eligibility requirements in place before the RIA was enacted. Sustainment requirements for this population will remain tied to the 2-year conditional permanent resident period. Pre-RIA investors must sustain their investment “at risk” throughout the 2-year period of conditional permanent resident status to be eligible for removal of conditions on their permanent resident status.

The conditional permanent resident status begins at the time of adjustment to conditional permanent resident status if the investor is in the United States or at the time of admission to the United States if the investor was abroad. We will review all documentation to establish eligibility.

For post-RIA Investors. We will use the new INA section 203(b)(5) and section 216A requirements, as amended by the RIA, in considering Form I-829 petitions based on Form I-526 and Form I-526E petitions filed on or after March 15, 2022. To determine the date when the 2-year period required by INA 203(b)(5)(A)(i) begins, we will generally use the date that the requisite amount of qualifying investment is made to the new commercial enterprise and placed at risk under applicable requirements, including being made available to the job creating entity, as appropriate. If the investor invested more than 2 years before filing the Form I-526 or Form I-526E petition, the investment should generally still be maintained at the time the Form I-526 or Form I-526E is properly filed so we can appropriately evaluate eligibility.

Can a new commercial enterprise retain an investor’s capital beyond the required investment timeframe? Does the Immigration and Nationality Act limit how long the capital can be retained before it must be returned to the investor?

The Immigration and Nationality Act establishes only minimum required investment timeframes for purposes of applicable eligibility requirements and does not place any upward limit on how long an investor’s capital may be retained before being returned. Regional centers or their associated new commercial enterprises can negotiate longer periods of investment directly with their investors independently of EB-5 eligibility requirements.

For post-RIA investors, if the required 2-year investment period ends after their Form I-526 or Form I-526E is filed but before it is approved, can their investment capital be returned without affecting their immigrant petition (assuming job creation and all other eligibility requirements have been met)?

Likely, yes. In general, we use the date that the requisite amount of qualifying investment is made to the new commercial enterprise and placed at risk under applicable requirements, including being made available to the job creating entity, as appropriate.

For investors after the EB-5 Reform and Integrity Act of 2022, how long must their investment remain invested if they are actively in the process of creating the requisite employment under section 216A of the Immigration and Nationality Act?

Under section 216A of the Immigration and Nationality Act (INA), as amended by the EB-5 Reform and Integrity Act of 2022, investors who have not yet created the requisite employment when filing for removal of conditions on their permanent resident status but who are actively in the process of doing so may be granted a discretionary 1-year extension of their conditional permanent resident status. The investor’s capital must remain invested during such time, even if it is beyond the 2-year minimum period contemplated by INA 203(b)(5)(A)(i).

How do direct/standalone investors from before the enactment of the EB-5 Reform and Integrity Act of 2022 (pre-RIA investors) sustain their investment if they are in a position to get their funds back but have not yet finished their conditional permanent resident period? On that topic, at what point does USCIS consider job creation requirements to be fulfilled for direct investors?

Pre-RIA investors will continue to be subject to pre-RIA requirements for removal of conditions; their sustainment period under section 216A of the Immigration and Nationality Act is tied to the 2-year period of their conditional permanent residence. The investor’s investment capital must remain at risk in the new commercial enterprise throughout the 2-year sustainment period. If the investor’s capital was deployed in a manner such that it will not remain at risk before completing the 2-year sustainment period, the investment capital must be further deployed to remain at risk. The job creation requirement is separate from the sustainment requirement and may be fulfilled by the standalone investor when their new commercial enterprise creates the required 10 full-time, permanent direct jobs in the United States for qualifying employees.

Where in the adjudications process will designations of high unemployment areas and infrastructure projects take place for post-RIA cases?

For regional center cases, we will make these designations in adjudicating Form I-956F, Application for Approval of an Investment in a Commercial Enterprise.

For standalone cases, we will make these designations in adjudicating Form I-526, Immigrant Petition by Standalone Investor. By statute, the lower investment amount and visa set aside resulting from investment in an infrastructure project are limited to regional center-sponsored commercial enterprises. See INA 203(b)(5)(D)(iv).

How can I request that USCIS designate an area as a high unemployment area?

We will review the area claimed as a high unemployment area when adjudicating the project application for regional center filings or the alien’s petition for standalone investments.

A high unemployment area is a census tract, or contiguous census tracts, where the new commercial enterprise is principally doing business, and the weighted average of the unemployment rate for the census tracts is at least 150% the national average. When calculating the weighted average unemployment rate, the area may include any census tracts directly adjacent to those where the new commercial enterprise is principally doing business.

How can I request that USCIS determine whether a specific capital investment project meets the definition of “infrastructure project”?

We will determine whether the investment is in a qualified infrastructure project when we adjudicate the regional center’s project application.

An infrastructure project is a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a federal, state, or local agency or authority) that is the job-creating entity contracting with a regional center or new commercial enterprise to receive capital investment under the Regional Center Program from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project.

Where can I find additional information on Targeted Employment Areas and Infrastructure Projects?

Additional information on Targeted Employment Areas can be found in the USCIS Policy Manual, Volume 6, Part G, Chapter 2, Section A(5), Targeted Employment Area. Additional information on Infrastructure Projects can be found in the USCIS Policy Manual, Volume 6, Part G, Chapter 2, Section A(6), Infrastructure Projects.

For information on what evidence to submit with a project application in support of a targeted employment area or an infrastructure project, see USCIS Policy Manual, Volume 6, Part G, Chapter 5, Section B:

(6) High Unemployment Area Designation

(7) Rural Area

(8) Infrastructure Project Designation

How should organizations, petitioners, aliens, and benefit-seekers under the immigrant visa program communicate with DHS about specific EB-5 cases or seek information that is not case-specific about the EB-5 program?

Section 107 of the EB-5 Reform and Integrity Act of 2022 mandates that DHS employees act impartially and not give preferential treatment to any entity, organization, or alien in connection with any aspect of the EB-5 program. It also mandates specific channels as the only channels or offices by which organizations, petitioners, aliens, and benefit-seekers under the EB-5 program may communicate with DHS about specific EB-5 cases (except for communication made by petitioners and aliens under regular adjudicatory procedures), or information that is not case-specific about the EB-5 program. Under these requirements, we offer the following modes of communication:

• Email to USCIS.ImmigrantInvestorProgram@uscis.dhs.gov;
• Our Contact Center at 800-375-5283 (TTY 800-767-1833, VRS 877-709-5797); and
• Our Office of Public Engagement at public.engagement@uscis.dhs.gov.

Can good faith EB-5 investors continue to pursue their immigrant visa petitions and receive benefits if their regional center is terminated solely on noncompliance with certain new administrative requirements added by the EB-5 Reform and Integrity Act of 2022 (RIA), such as failure to pay the EB-5 Integrity Fund Fee, provided all other eligibility requirements are met?

Yes, EB-5 investors associated with a terminated regional center may retain eligibility and receive benefits under certain circumstances. See INA 203(b)(5)(M). However, pre-RIA investors and post-RIA investors may need to take different actions to retain their eligibility because of the different requirements and legal provisions that apply to them.

Pre-RIA investors may, in certain situations, remain eligible based on indirect jobs, as applicable to their petition before the RIA was enacted notwithstanding termination of their associated regional center. Accordingly, where regional center termination is based on failure to pay the EB-5 Integrity Fund fee, which would generally not otherwise directly affect or implicate the underlying investment or job creation, officers may generally determine, in their discretion and on a case-by-case basis, that a pre-RIA investor associated with a terminated regional center continues to be eligible for classification as an immigrant investor, despite the regional center termination and without the need to reassociate with another approved regional center or make an investment in another new commercial enterprise. Such determinations will be made under applicable USCIS policy regarding deference to prior determinations to ensure consistent adjudication. Also, we will generally not consider such termination a material change that impacts continued eligibility. While regional center termination for failure to pay the required EB-5 Integrity Fund fee may generally not have an effect on pre-RIA investor eligibility, it is possible that an investor may invest with a regional center that both fails to pay the required EB-5 Integrity Fund fee and also has project-related eligibility concerns, such that petitioner eligibility is affected separate from the regional center’s termination for failure to pay the required EB-5 Integrity Fund fee. If the pre-RIA investor’s eligibility is affected, they may need to reassociate with another approved regional center or make an investment in another new commercial enterprise to retain eligibility under INA 203(b)(5)(M) since they may not continue to be eligible.

Post-RIA investors, however, are not subject to the same grandfathering provisions of the RIA as pre-RIA investors, but are subject to the new requirements added by the RIA, such as the requirement, see INA 204(a)(1)(H)(ii) to remain associated with an approved project application. See INA 203(b)(5)(F) and Form I-956F. Consequently, post-RIA investors associated with a terminated regional center may retain their eligibility under INA 203(b)(5)(M) if:

• Their new commercial enterprise reassociates with another approved regional center (regardless of the regional center’s designated geographic area); or
• They make a qualifying investment in another new commercial enterprise.

In either case, post-RIA investors should generally continue to be associated with an approved Form I-956F (filed by their new regional center for their existing new commercial enterprise or otherwise associated with the different new commercial enterprise into which they have invested) for purposes of remaining eligible under all applicable requirements.

We will notify investors of the termination of their associated regional center, and impacted investors generally have 180 days after we have provided them such notice to respond to USCIS and indicate (1) if they choose to move forward to adjudication asserting that the petition continues to meet eligibility requirements notwithstanding termination of the associated regional center; or (2) if they choose to amend their petition by showing that they have associated with an approved (non-terminated) regional center; or (3) if they choose to amend their petition by showing that they have made a qualifying investment in another new commercial enterprise. If a petitioner does not respond to this notice within the allocated timeframe, we may adjudicate the petition based on the initial evidence in the record.

Is it possible for an immigrant investor who has invested their capital for the requisite time period and created the requisite number of jobs before obtaining lawful permanent resident status to become a lawful permanent resident without conditions under INA 216A, effectively skipping the conditional residence period?

No. The EB-5 Reform and Integrity Act of 2022 did not change the requirement under INA 216A that all EB-5 investors obtain lawful permanent resident status on a conditional basis subject to having those conditions removed by satisfying applicable requirements. All EB-5 investors who obtain conditional permanent resident status subject to INA 216A must file a Form I-829, generally within the 90-day period immediately before the second anniversary of their adjustment of status or their admission to the United States as a conditional permanent resident, to remove their conditions.

How should I contact USCIS if I have an additional question regarding implementation of the EB-5 Reform and Integrity Act of 2022 (RIA)?

Please contact us by emailing the Immigrant Investor Program Office.

After a petition or application has been approved for expedited processing, how long does it normally take for USCIS to process the petition or application?

We cannot provide specific processing times for petitions or applications that have been approved for expedited processing. The expedite request approval simply means that we will take the petition out of order and expedite assignment of the petition or application to an officer for adjudication. Once the petition or application is assigned to an officer, the timeline for taking adjudicative action will vary. For example, case-specific factors may also make an individual adjudication more complex, requiring additional adjudicative time as compared to other cases.

The Immigrant Investor Program Office follows the USCIS policy for expedites. Visit Expedite Requests for more information.

Is failure to appear for a biometric services appointment a ground for denying a Form I-829, Form I-956, or Form I-956F?

As part of administering immigration benefits, we may require any alien, petitioner, sponsor, beneficiary, or alien filing a benefit request, or any group or class of such persons submitting requests, to appear for an interview or a biometric services appointment, or for both. See Title 8 of the Code of Federal Regulations (8 CFR) 103.2(b)(9). Additionally, aliens involved with a regional center, new commercial enterprise and certain job-creating entities must provide attestations and information, including biometrics, to confirm compliance with INA 203(b)(5)(H) in connection with the adjudication of related Forms I-956 and Forms I-956F. Biometric submission may include fingerprints, photographs, or digital signatures. Biometrics enable us to verify an alien’s identity, produce secure documents, and facilitate required background checks to protect national security and public safety and to ensure that the alien is eligible for the benefit sought. If we require an alien to submit biometrics or appear for an interview or other in-person process but they do not appear, we may consider the benefit request abandoned and deny the request unless, by the appointment time, we have received a notice of change of address or a request to reschedule that we believe warrants excusing the failure to appear. See 8 CFR 103.2(b)(13)(ii).

For more on biometric services appointments, including information on missed biometric services appointments, see USCIS Policy Manual, Volume 1, Part C, Chapter 2, Biometrics Collection.

Where can I find more information on options for good faith investors?

For more information on protections for good faith investors see the USCIS Policy Manual, Volume 6, Part G, Chapter 3, Section E, Good Faith Investors Following Program Noncompliance by a Regional Center, New Commercial Enterprise, or Job Creating Entity. 

Why is USCIS providing interpretations of RIA without engaging in notice-and-comment procedures?

These updates interpret the Immigration and Nationality Act and the EB-5 Reform and Integrity Act of 2022 (RIA), and an agency is not required to use the Administrative Procedure Act’s notice-and-comment procedures to issue an interpretive rule or one that amends or repeals an existing interpretive rule, or when modifying rules of agency organization, procedure, or practice. See, for example, Perez v. Mortgage Bankers Assoc., 135 S. Ct. 1199 (2015). These updates and interpretations do not add to the substantive regulations, create legally binding rights, obligations, or change the substantive standards by which we will evaluate EB-5 petitions and applications. Rather, we have interpreted the statutory impacts upon investor eligibility as closely as practicable to the plain language of the RIA.

Are USCIS officers bound by guidance published on the USCIS website?

This website guidance helps our officers in rendering decisions and should generally be followed by officers in the performance of their duties, but it does not remove their discretion in making adjudicatory decisions. This guidance and the interpretations do not create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

How will USCIS apply these EB-5 Reform and Integrity Act (RIA) provisions, and has it considered the reliance interests of, and potential retroactive impacts to, EB-5 entities and petitioners who filed or were approved before the RIA?

Required Investment Timeframe. As intended by the RIA, we will apply the provisions of the INA applicable to required investment timeframes and amended by the RIA to EB-5 investors that file their Form I-526 or Form I-526E petitions on or after March 15, 2022. For a Form I-829 based on a Form I-526 filed before March 15, 2022, we will generally continue to adjudicate them under the prior statutory framework. See sections 104(b)(2)(B) and 105(c) of the RIA.

After a consideration of reliance interests and potential retroactive impacts, we believe the interpretations and guidance explained above provide flexibility and lessen the burdens on EB-5 entities.

Interpreting the start date for the 2-year investment period (required under section 203(b)(5)(A)(i) of the Immigration and Nationality Act [INA]) to be the date that the full amount of qualifying investment is made to the new commercial enterprise and placed at risk under applicable requirements, aligns most closely with the plain language of the statute. Additionally, so we may appropriately evaluate eligibility, the investor generally should maintain the investment at the time Form I-526 or Form I-526E petition is properly filed, if the investor invested more than 2 years before filing the Form I-526 or Form I-526E petition.

We do not believe that there are reliance or retroactivity impacts with this interpretation, because it aligns closely with the plain language of the statute and applies to petitions filed on or after the effective date of the RIA. Where interests may be at stake, we believe this interpretation lessens the burden on the investor to keep their investment in place for an extended period due to circumstances beyond the control of the investor or the new commercial enterprise, such as visa backlogs or other such circumstances. Further, we believe it provides the greatest level of flexibility for organizations to create investment strategies, limits the need for a new commercial enterprise to redeploy investor capital after sufficient jobs have been created, and gives the investor a significant degree of control.

INA 203(b)(5)(M). Interpreting INA 203(b)(5)(M) to apply to pre-RIA investors associated with a terminated regional center (or debarred new commercial enterprise or job-creating entity) also aligns with the plain language of the INA and its intent. Neither the RIA nor the INA differentiates between pre- or post-RIA investors for the protections afforded to good faith investors under INA 203(b)(5)(M). We recognize that applying a new provision of the INA added by the RIA to those who filed before the RIA’s effective date could appear to be retroactive. However, we will apply this provision prospectively based on the conduct—termination or debarment occurring after the enactment of the RIA—relevant to its application. More specifically, before the RIA, regional center investors had to show that their investment was within an approved regional center in order to demonstrate eligibility for their Form I-526 petitions and, in line with these requirements, longstanding USCIS policy has considered the termination of a regional center associated with a regional center investor’s Form I-526 petition to constitute a material change that would generally result in ineligibility. Applying INA 203(b)(5)(M) for post-RIA terminations or debarments of associated EB-5 entities avoids significant adverse impact to pre-RIA petitioners whose eligibility could be affected by post-RIA terminations or debarments and provides flexibilities for them to maintain eligibility.

We will notify petitioners whose regional centers have been terminated or whose new commercial enterprises or job-creating entities have been debarred that the petitioners may take action in response to their notice of regional center termination or notice of new commercial enterprise or job-creating entity debarment within 183 days of the date of the mailed notice (or 194 days if residing outside the United States) if petitioners seek to retain eligibility (under INA 203(b)(5)(M)). These notices to petitioners will explain available options, including the option to demonstrate that the petition continues to meet eligibility requirements notwithstanding termination of the regional center or debarment of the new commercial enterprise or job-creating entity. Pre-RIA investors may generally continue to be eligible if their project is complete or will be completed in accordance with the comprehensive business plan, with sufficient job creation for all investors, and their capital continues to remain invested in accordance with applicable requirements. Post-RIA investors may generally continue to be eligible if their capital remained invested for at least 2 years and they satisfied the job creation requirement before termination of the regional center or debarment of the new commercial enterprise or job-creating entity. For petitioners that do not respond to these notices within the allotted response period, we will adjudicate their petitions on the existing record.

USCIS publishes a “months of inventory” data point on the Form I-526, Immigrant Petition by Alien Investor (Legacy), processing times page. What does “months of inventory” mean?

“Months of inventory” is a data point calculated by dividing the pending pre-EB-5 Reform and Integrity Act (RIA) Form I-526 inventory by the average number of pre-RIA Form I-526 completions per month during the past 6 months. We add this information because it paints a clearer picture of our progress.

Why does a “months of inventory” data point better reflect the work being done?

We are working through an inventory of cases that is not fluctuating due to the intake of additional receipts. Although the processing time is based on how long it took us to complete 80% of adjudicated cases over the past 6 months, the “months of inventory” provides an additional data point of the progress toward reducing the current inventory of pre-RIA Form I-526 petitions. For example, for March 2024, the 80th percentile processing time was 54.5 months while the “months of inventory” was around 14 months. The “months of inventory” reflects the number of months of inventory that we have in any given month and will generally decrease month over month as we adjudicate these cases.

Each case is unique, however, and some cases may take longer than others. You should use processing times as a reference point, not an absolute measure of how long we will take to complete your case.

Can pre-RIA investor capital be deployed outside of the regional center’s geographic area?

The EB-5 Reform and Integrity Act of 2022 allows for further deployment of capital, under certain circumstances, anywhere in the United States or its territories. Therefore, for all petitions, including those filed pre-enactment, further deployment is not required within the same regional center or within any regional center's geographic area if the applicable requirements are satisfied.