How would an EB-5 policy change affect submitted I-526 applications?
Will President Obama’s immigration executive action include any changes for the EB-5 program? How would an EB-5 policy change affect already-submitted I-526 applications?
Answers
There was no change in the EB-5 law and no executive action on EB-5.
EB-5 policy has remained the same until any further notice.
This is a question we are getting from all of our clients. Most of the practitioners in the industry expect that once the I-526 petition is filed any subsequent changes to the program should not affect the applicants who have already filed. They should be "grandfathered". That said, since its inception, the program parameters have not changed. Therefore, we do not know for certain whether, if and when changes do come, they will actually affect applicants who have previously filed I-526 applications.
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