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USCIS Seeks Public Comments on Proposed Rule Impacting Certain Pending EB-5 Immigrant Investor Applications
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USCIS has sought public comments on a proposed rule that would enable USCIS to process certain applications approved between 1995 and 1998 by immigrant investors under the EB-5 program. The provisions of the proposed rule would apply to a group of immigrant investors who had a Form I-526, Immigrant Petition by Alien Entrepreneur, approved between January 1, 1995, and August 31, 1998. The rule would enable USCIS to process cases for approximately 580 principal immigrant investors and their dependents whose Forms I-526 were approved during the above mentioned period and who, prior to November 2, 2002, had sought to, either, register for permanent residence or adjust their status using Form I-485, or, remove the conditions on permanent residence obtained as an alien entrepreneur using Form I-829. USCIS has also informed that the processes outlined in the proposed rule would provide an additional two-year period for most of these immigrant investors to meet the EB-5 investment and job-creation requirements and that this rule would not impact any other applications or petitions filed under the EB-5 program. Comments on the proposed rule could be submitted until November 28, 2011.


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