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Answers to reauthorization questions

Immigration lawyer Carolyn Lee has written an FAQ to help the EB-5 community understand the impact of the new legislation. For example, will visa set-asides apply to both new and existing investors? The State Department, Lee tells us, will have to determine that. Also, what age-out protections now exist for dependents of applicants? In the case of a terminated regional center or debarred new commercial enterprise, there is a one-time protection for an investor’s children if the parent files a new I-526 within one year of termination and the children stay unmarried.

Lee answers eleven questions she thinks many investors and some stakeholders may be asking about the new EB-5 Reform and Integrity Act of 2022.

While we won’t rehash the major impacts, here are a couple of the more technical queries some may have regarding the legislation.


Do concurrent filing of AOS with I-526 filing apply to backlogged investors?

The answer here depends on what visa bulletin chart USCIS happens to be using during a particular month.

Typically, the agency will use Chart A, “Final Action Dates,” and this only applies to petitioners who have priority dates that have reached the front of the line. In such a case a petitioner’s priority date must be “current” to have concurrent filing.

If the Immigration Service happens to be using Chart B, “Dates For Filing” an applicant can file for concurrent filing at an earlier date.

What protection do investors have when a terminated regional center is terminated, or if job creation is insufficient?

If job creation is sufficient, a petitioner can amend their petition to still stay eligible. They can associate with a new regional center in good standing or make a new investment in a new commercial enterprise (NCE).

If job creation is not sufficient, and the regional center is terminated, the petitioner can associate with a new NCE in good standing or make an additional investment to fulfill the job-creation requirement.

See Lee’s article "EB-5 Reform and Integrity Act of 2022 — FAQs"

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