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USCIS Reverses Adjustment of Status Guidance for EB-5 Applicants

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USCIS announced on July 7, 2021 that it has reversed its initial guidance on the processing of adjustment of status applications for those adjusting under an approved EB-5 regional center application. The EB-5 program, also known as the Million Dollar Green Card, allows investors to obtain a green card if they invest either $900,000 or $1,800,000 in business or projects that will create 10 full time jobs. To learn more about the EB-5 program, please click hereTo learn more about regional centers, please click here. The EB-5 program is up for extension and renewal each year when Congress joins to pass the spending bill for the fiscal year. On June 30, 2021, the program expired, however, negotiations are still continuing in Congress.

In USCIS’ initial guidance, they stated that Form I-485 applications will be accepted and held at the processing center, but they will not be processed until the program is reinstated. In yesterday’s announcement, USCIS have reversed on this decision and now the guidance states that they will reject all Form I-485 for EB-5 regional center applications. This means that they will also reject any Form I-131 travel document and Form I-765 work permit applications that were submitted along with the Form I-485. USCIS has not offered guidance on travel document and work permit extension applications for Adjustment of Status cases that are already pending as of June 30, 2021. This announcement does not impact those who are applying for adjustment in non-regional center EB-5 applications.

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