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【ARCFE News】 UPDATES FROM USCIS DECEMBER 2022

In this article:

  1. December 29th is no longer the deadline to file I-956 & I-956G

  2. ARCFE has received I-956 approval from USCIS

  3. New I-485 form for adjustment of status

DECEMBER 29TH IS NO LONGER THE DEADLINE TO FILE I-956 & I-956G

On December 23rd, 2022, the United States Citizenship and Immigration Services (USCIS) updated an alert on their website indicating that December 29th is no longer the deadline to file form I-956 and form I-956G. Neither of these two forms will be required to be submitted, until USCIS issues more guidance that clarifies the requirements of these two forms. This decision is a reversion of their previous policy as a result of the litigation between USCIS and other regional center(s).

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-whats-new-0

ARCFE HAS RECEIVED I-956 APPROVAL FROM USCIS

ARCFE is one of the first regional centers in the industry to receive I-956 approval from USCIS. By following the policy change and USCIS movement closely, we were able to carefully prepare and file our I-956 request only a week after the USCIS published the form on their website.

ARCFE was previously designated by USCIS in 2013 under the old EB-5 law through receiving the I-924 approval. This form is now archived and is replaced by form I-956 after the program was reauthorized earlier this year. Under the EB-5 Reforms and Integrity Act of 2022 (“RIA 2022”), all regional centers are required to submit I-956 to request USCIS for redesignation in order to continue raising and managing EB-5 funds.

NEW FORM I-485 ADJUSTMENT OF STATUS (CONCURRENT FILING)

USCIS recently made changes to form I-485 (Application to Register Permanent Residence or Adjust Status). Investors who choose to file their petitions concurrently after December 23rd, 2022 must use the 12/23/22 edition. Using the wrong form will result in rejection.

Source: https://www.uscis.gov/i-485

The EB-5 Reform and Integrity Act of 2022 (“RIA”) offers great benefits to investors and their families, including concurrent filing and reserved visas.  Concurrent filing allows investors who are already in the U.S. under a different visa category to file their I-526E petition at the same time with form I-485 to adjust their status without leaving the U.S.  This also gives investors and their families immediate freedom to live, study and work in the U.S. while waiting for their Green Cards to be approved. For investors from countries experiencing extended wait time due to visa backlog, they can now take advantage of reserved EB-5 visas to expedite the process.

  1. Form I-526E (“Immigrant Petition by Regional Center Investor”)

  2. Form I-485 (“Application to Register Permanent Residence or Adjust Status”)

  3. Form I-131 (“Application for Travel Document”)

  4. Form I-765 (“Application for Employment Authorization”) – EAD Card

As of date, ARCFE have received a total of 13 I-765 approvals for EB-5 concurrent filing under the EB-5 Reform and Integrity Act of 2022 – all within 3 months of filing their petitions concurrently. Investors will receive their EAD card within 30 days from the notice date. They will be able to legally work in the U.S. beginning from the “start date” on their EAD card while waiting for their I-526E petition to be processed.

New York Office

28-07 Jackson Avenue, 8th Floor, LIC, NY 11101

212-889-5333

info@arcfe.com

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