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ARTICLE · 09 DECEMBER 2022

Urgent Action Required For Previously Approved Regional Centers

This blog addresses two decisions that must be made prior to December 29, 2022 by regional centers approved and in good standing as of the effective date of the EB-5 Reform and Integrity Act ("RIA") that do not intend to sponsor any new projects or any new investors.

United StatesImmigration

This blog addresses two decisions that must be made prior to December 29, 2022 by regional centers approved and in good standing as of the effective date of the EB-5 Reform and Integrity Act ("RIA") that do not intend to sponsor any new projects or any new investors:

  • Should such regional centers file Form I-956 to amend their regional center designations; and
  • Should they file Form I-956G (annual statement)?

By way of background, after the passage of the RIA, USCIS took the position that every previously approved regional center was terminated and had to file a new form (I-956) in order to apply for re-designation. In a case which I co-counseled (EB5 Capital, et al vs. US Department of Homeland Security, et al), we obtained a nationwide preliminary injunction against USCIS' action based on the Judge's conclusion that the regional center terminations "were almost certainly legal error." Subsequent to the nationwide preliminary injunction and before a final

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