Masami Hibino

Will USCIS continue to keep EB-5 Regional Center investor petitions in abeyance in the New Year?

Will USCIS continue to keep EB-5 Regional Center investor petitions in abeyance in the New Year?


Marko Issever
January 01, 2022 10:48 PM  Marko Issever

Frankly, this is the $64,000 question. On December 30th, 2021, USCIS sent an alert stating, "They will be reevaluating the decision to hold, or not act on, any pending petition or application of these form types that are dependent on the expired statutory authority and filed before the end of the statutory authorization." Is this good news or bad news? We could interpret that this announcement is their intent to be neutral. In other words, until further guidance from Congress, USCIS will not take any positive or negative action. Here, by positive action, we mean starting to review already filed pending applications and by negative, sending notice of denials. If we agree that they intend to be neutral in the matter, the question becomes, how long? Everyone is asking this question. The consensus seems to be that they will continue to hold all pending petitions or applications in abeyance unless/until they are told not to do so.


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