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USCIS Reverses Initial Guidance on Adjustment of Status Applications Submitted Under the EB-5 Regional Center Program

U.S. Citizenship and Immigration Services (USCIS) has reversed its initial guidance on how the agency will treat EB-5 Regional Center adjustment of status filings while Congress deliberates reauthorization of the program. The agency now says it will reject regional center-affiliated adjustment of status filings, after initially announcing it would accept them and place them on hold.

The EB-5 Regional Center Program lapsed at midnight on June 30 as Congress did not reach an agreement on reauthorization prior to its expiration. On June 30, USCIS issued website guidance stating the agency would accept regional center-affiliated Form I-485 adjustment applications, but would place them on hold until further notice. However, on July 1, the agency reversed this guidance, stating it would reject all adjustment applications based on an approved Regional Center Form I-526 and reject any associated Form I-765 employment authorization document (EAD) and Form I-131 advance parole (AP) travel document applications as well. It is not yet clear how USCIS will treat EAD and AP extensions where a Regional Center-affiliated adjustment of status application was already pending as of June 30.

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