Thursday, August 25, 2022 – United States Citizenship and Immigration Services (“USCIS”) has entered into a Settlement Agreement to resolve litigation disputes with EB-5 stakeholders.
This settlement solidifies the preliminary injunction granted by Judge Vince Chhabria, United States Judge of the Northern District of California, in June, which allowed existing regional centers in good standing to resume operating and filing the I-956F Application for Approval of an Investment in a Commercial Enterprise.
Previously approved regional centers that filed I-956F Project Applications can now file investor I-526E Petitions within 10 calendar days of filing I-956F. USCIS has also made it easier for petitioners to evidence their Project Applications by accepting multiple types of evidence of filing. This is a huge victory for investors who have been waiting months since USCIS released Form I-526E to be allowed to file under their selected project.
USCIS has also committed to timely updating its guidance on the agency website and amend any Forms and accompanying instructions to adhere to the terms of the Settlement Agreement. In addition, USCIS has pledged to confer with IIUSA and the other plaintiffs on a quarterly basis to ensure proper and smooth implementation.
We applaud USCIS for taking steps forward to make the application process simpler and timelier for stakeholders and improve the overall implementation of the EB-5 Reform and Integrity Act of 2022.