How would an EB-5 policy change affect submitted I-526 applications?

Executive action is not likely to affect pending I-526s. It primarily concerns certain undocumented aliens with certain classes of relatives in the United States.

President Obama''s November 2014 immigration executive action has little impact on EB-5 cases. Its primary targets are undocumented aliens who have family members in the United States and H-1B specialty work visa holders. For investors, the Executive Action only touched briefly under the so-called National Interest Waiver, which falls under the EB-2 preference, not EB-5.

The USCIS will give deference to already approved EB-5 projects.

It would be likely that I-526 petitions already in the queue would be reviewed under current regulations and policies. Anything affecting later steps of the process (like obtaining conditional permanent residency), may be subject to any new policy. We are keeping a close eye on these developments.

President Obama''s executive action focuses on putting moratorium on deportation of currently illegal immigrants who meet certain criteria. Any changes to the EB-5 program, such as increasing the amount of investment or number of visa available, will require a Congressional action.

Law usually affect cases prospectively, not retroactively. So the change should not affect submitted cases.

No, not really, he is not interested in this type of visa. Congress could make changes that would make things more efficient.

Currently, there is nothing pending that would affect the EB-5 program.

I assume that you are referring to President Obama''s televised address, during which he made several comments which seemed to imply that there would be some administrative changes to the EB-5 program. Unfortunately, as of this writing, USCIS has not released guidance on these potential revisions. It could take several more months before we see details on how USCIS will change the program.

It is doubtful that any changes in policy or immigration regulations would have any negative impact on the EB-5 program. It is seen as a success from both political parties so I do not think anything will be done to disrupt the program.