Author：David Enterline（Senior Legal Consultant to HW Wealth Succession Family Office / American Immigration Lawyer）

On April 12, 2022 the United States Department of State (“DOS”) posted this notice on its website:

“On March 15, 2022, President Biden signed (the EB-5 Reform and Integrity Act of 2022 (“Act”)), that made changes to the EB-5 program, authorized a new EB-5 Immigrant Investor Regional Center Program, and directed that certain “grandfathered” immigration benefits be processed. The Department has resumed processing visas associated with the Regional Center Program based on approved USCIS Forms I-526 (Immigrant Petition by Alien Entrepreneur), including those filed on or before the expiration of the previous regional center program on June 30, 2021. Further, pursuant to the new legislation, processing of visas associated with the new Regional Center Program may begin 60 days after enactment of the law.”

Most of the provisions of the Act will go into effect on May 15, 2022. Based on the notice, after May 15th, the Department’s National Visa Center should resume continue processing of EB-5 Investor visa applications and the U.S. Consulates and Embassies should resume EB-5 visa interviews and begin issuing EB-5 visas. This clarifies previous uncertainty about when the Department would resume EB-5 visa processing after passage of the Act...