EB-5 What's New

ALERT: NOTICE FOR FISCAL YEAR 2025 INTEGRITY FUND PAYMENTS – DUE OCT. 1, 2024.

As required by statute and as indicated in the previously published federal register notice (Notice of EB-5 Regional Center Integrity Fund Fee, 88 FR 13141 (March 2, 2023)), the EB-5 Integrity Fund fee for fiscal year 2025, and for each year thereafter, is due on and must be paid beginning Oct. 1 of the applicable fiscal year. For regional centers that failed to pay fees for FY 2023 and/or FY 2024, we are also accepting delinquent payments for FY 2023 and FY 2024 from Oct. 1, 2024, through Dec. 30, 2024. We will reject any EB-5 Integrity Fund fee payments for FY 2023, FY 2024, and FY 2025 we receive after Dec. 30, 2024.

We must terminate the designation of any regional center that does not pay the required fee within 90 days after the date such fee is due. See INA 203(b)(5)(J)(iv)(II). Therefore, we will take steps to terminate any regional center that, on or before Dec. 30, 2024, has not paid the required EB-5 Integrity Fund fees for each of FY 2023, FY 2024, and FY 2025.

NOTE: Each designated regional center must pay the annual fee online on Pay.gov, a system managed by the U.S. Department of the Treasury. Individuals may pay either with a valid credit or debit card or by debit from a U.S. bank account. NOTE: It is important that regional centers include the Regional Center Identification (RCID) number in their Pay.gov transactions. RCID numbers always begin with a two letter "RC" prefix. Please do not enter spaces or other letters in the number prefix. Entering the prefix and numbers accurately is crucial to properly match payments to regional centers.

Payments cannot be made by check. We will only accept payment through Pay.gov and will not accept any other payment method.

ALERT: Under the new provisions of section 203(b)(5)(E)(vii) added by the EB-5 Reform and Integrity Act of 2022 (RIA) to the Immigration and Nationality Act, we must audit each designated regional center at least once every five years. This audit will include a review of any documentation required to be maintained by the regional center and a review of the flow of immigrant investor capital into any capital investment project.

Starting April 23, we will generally use Generally Accepted Government Auditing Standards, also known as the Yellow Book, when we audit EB-5 regional centers.

Visit the new EB-5 Regional Center Audits webpage for information on the auditing process, including the role of the audit team, how to prepare for an audit, participating in an audit, and more.
 

ALERT: As a reminder, Form I-956G, Regional Center Annual Statement, submissions are due by Dec. 29, 2023. For more information, please see the form instructions.

ALERT: In January 2023, USCIS extended the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. Read more here: USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829.

ALERT: Dec. 29, 2022, is no longer the deadline to file Form I-956, Application for Regional Center Designation, amendments, as required by the Behring Settlement. USCIS is extending this deadline until we publish guidance that clarifies the requirements of these forms.

ALERT: The EB-5 Reform and Integrity Act of 2022 requires USCIS to establish a special fund known as the EB-5 Integrity Fund, which USCIS will use primarily in administering the Regional Center Program. USCIS must collect a $20,000 or $10,000 fee, as directed by the new law, for the EB-5 Integrity Fund from each designated regional center. USCIS is drafting and will soon publish a Federal Register notice to explain when and how the fee will need to be paid. USCIS will announce on uscis.gov when the Federal Register notice has been published.

ALERT: Beginning Sept. 1, 2022, we will no longer accept a single, combined fee payment when an applicant or petitioner files Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor, together with Form I-485, Application to Register Permanent Residence or Adjust Status, Form 131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records or Form I-765, Application for Employment Authorization. Petitioners must send a separate fee payment for each form.

If a petitioner or applicant submits a single, combined fee payment for Forms I-526 or I-526E and the other forms, we will reject the forms for improper fee payment and return the fee.

Alert: On June 24, 2022, the U.S. District Court for the Northern District of California in Behring Regional Center LLC v. Mayorkas, et al, 3:22-cv-02487, issued a preliminary injunction enjoining USCIS “from treating as deauthorized the previously designated regional centers.” Previously designated regional centers are now able to file Form I-956F, Application for Approval of an Investment in a Commercial Enterprise. USCIS is complying with the court’s order.

Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We will adjudicate Form I-829 petitions associated with Form I-526, Immigrant Petition by Alien Entrepreneur, filed before March 15, 2022, under the applicable eligibility requirements in place before the enactment of the EB-5 Reform and Integrity Act of 2022, Div. BB of the Consolidated Appropriations Act, 2022 (Pub. L. No. 117-103) (Sec. 101 and 102).

Alert: We have resumed processing regional center-based Form I-526, Immigrant Petition by Alien Entrepreneur, filed on or before the sunset of the previous regional center program on June 30, 2021.

Alert: USCIS is seeking to contact certain individuals who filed Form I-829 so we can schedule a time to collect biometrics information. Please read the following carefully to see if this notice applies to you.

Alert: On March 15, 2022, President Biden signed a law that includes authority for an EB-5 Immigrant Investor Regional Center Program and various implementation effective dates for the program.