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USCIS has begun issuing mass 180-day notices to investors under the Immigration and Nationality Act section 203(b)(5)(M) (“Subparagraph (M)”).
These notices officially trigger the investor remedies under Subparagraph (M), notifying investors of regional center termination and giving investors statutory options.
The response options for recipient investors are:
- demonstrate continued eligibility despite the regional center’s termination
- amend the petition to show that the original new commercial enterprise has associated with a new approved regional center, or
- amend the petition to show that a qualifying investment in another new commercial enterprise has been made.
The 180-day notice indicates that USCIS will proceed with adjudication under Option 1 if the investor does not respond by the specified due date.
Preliminary observations include the following:
- Even though a default choice exists, the 180-day notice also states that a failure to respond may result in denial or revocation of petitions or termination of conditional permanent resident status. Accordingly, this notice should not be ignored.
- The 180-day notices are issuing even where the I-829 has been approved. Accordingly, a careful response noting continued eligibility should be crafted and timely submitted to avoid the hard-earned I-829 approvals.
- Subparagraph (M) remedies are confirmed as applying to pre-RIA investors, as the current reports of numerous 180-day notices are issuing to pre-RIA investors.
- Voluntary regional center terminations appear to serve as sufficient predicates for the 180-day notice and Subparagraph (M) remedies for investors, as our practice has predicted.
Carolyn Lee PLLC continues to lead the EB-5 ecosystem in Subparagraph (M) advising for investors, regional centers, and new commercial enterprises.
We will hold a webinar on Subparagraph (M) and the impact of these 180-day notices next week. Register here.
You can share your questions in advance using the registration form and participate in the live Q&A session. Don’t miss this opportunity to join the conversation.
