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All the news from the team at Carolyn Lee PLLC 
The Worldwide CBI Market & Trends

The summer was too short to feature all our friends in the CBI marketplace. We are stretching out our Summer CBI series to introduce PASSPORT LEGACY. Passport Legacy is a boutique firm based in Dubai specializing in citizenship-by-investment services. With over 12 years combined industry experience, Passport Legacy provides a range of services to private clients on the move including acquisition of alternative country of residence as well as real estate. 

Please join Passport’s Director, Benjamin Eisenring and Carolyn as they discuss the worldwide CBI market at this time, emerging trends, and the
CBI-to-E-2 visa demand. 

Wednesday, October 13th, 2021 @ 9:00 AM ET
Investment Immigration Tax Planning
Join us on Oct. 20th @ 2 PM ET for an informational webcast with Carolyn Lee (Founder & Principal, Carolyn Lee PLLC) and special guest, Clayton Cartwright (Founder & Managing Member, The Cartwright Law Firm, LLC). Clayton specializes in international taxation, advising companies and individuals on expatriate taxation, cross-border employee transfers, withholding and reporting requirements, and permanent establishment matters. During the webcast, Clayton and Carolyn will provide useful information on cross-border tax planning for international investors.

Wednesday, October 20th, 2021 @ 2:00 PM ET
International Entrepreneur Parole & the LIKE Act
During this informational webcast, Carolyn explains how talented U.S. graduates can now work and grow their start-up in the U.S. through the International Entrepreneur Parole Program.
Read Carolyn's Blog Post>>
LIVE E-2 Visas & Venture Capital with Chloe Capital
In this LIVE-only event, Chloe Capital's Elisa Miller-Out and Carolyn Lee PLLC held a second informational webcast about Chloe Capital's venture capital fund focusing on women in tech founders and E-2 Visas.
Learn more about Chloe at or contact Elisa at 
Once again, Carolyn Lee PLLC is proud to sponsor and participate in IIUSA's annual industry event, this year the Virtual EB-5 Industry Forum. IIUSA is the leader in EB-5 advocacy and education, and we are looking forward to learning from respected industry colleagues about trends, best practices, and adapting to the changes and challenges in the EB-5 landscape.

Along with the entire industry, we're also looking forward to hearing the latest in the legislative push to reauthorize the EB-5 regional center program. We look forward to seeing our friends in a few weeks.
Relief for 2002 Public Law Investors?
USCIS I-829 Applicant Alert
At long last, USCIS is taking a step toward implementing the 2002 Public Law enacted to help certain EB-5 investors caught in USCIS's retroactive application of new eligibility requirements over two decades ago. The USCIS website solicits certain investors meeting 3 stated criteria to contact USCIS by e-mail so that biometrics appointments may be scheduled.

The three criteria are keyed to Sections 11031-34 of Public Law 107–273 (PDF):
  • The Form I-829 petition was filed before Nov. 2, 2002;
  • The Form I-829 petition was based on a Form I-526 that was approved between Jan. 1, 1995 and Aug. 31, 1998; and
  • The Form I-829 petition remains pending with USCIS.
Note that though a positive step, this step does not address other investors covered by the 2002 Public Law, including investors whose I-829 petitions were denied. Also note that this step is shy of promulgating final regulations to fully implement the 2002 Public Law as recommended by the USCIS Ombudsman in 2009. USCIS promulgated proposed regulations in 2011 but have yet to publish final effective rules.

Investors who believe they meet the criteria should read the USCIS posting linked below and e-mail USCIS. Hopefully, this is a sign that the full measure of relief afforded by the now decade-old law will be forthcoming.
I-526 Processing Times

See Processing Times>>
I-829 Processing Times

See Processing Times>>
USCIS Alert Updates Sunset Effects;
Silent on Form I-924A
USCIS has updated its alert regarding policy for processing during the regional center program sunset.

There are two notable updates. First, USCIS states, "[a]t the end of calendar year 2021, unless there is new legislation for regional centers, we will reevaluate whether to keep this hold in place."  Second, USCIS states, "[w]e will accept and adjudicate Forms I-765 and I-131 relating to ... pending Forms I-485.

However, there is no statement regarding the Form I-924A, Annual Certification of Regional Centers although the normal filing period closes December 29. The USCIS website for the Form I-924A posts the sunset effects notice, but also states: "Regional centers use this form to demonstrate continued eligibility for regional center designation. Regional centers that remain designated for participation in the program as of Sept. 30 of a given year must submit Form I-924A with the required supporting documentation on or before Dec. 29 of that same year." The latter suggests that notwithstanding lapse, it is expected that regional centers will still file the Form I-924A. We recommend the same at Carolyn Lee PLLC.

Stay tuned for more information on the Form I-924A filing for this fiscal year.
EB-5 Observations for
October 2021 Visa Bulletin

  • All FADs for Regional Center EB-5 Visa Availability are U, unmoved from July 2021.
  • The FAD for Basic EB-5 Visa Availability is November 22, 2015, unchanged from September 2021, but moving up a week from August 2021.
  • China DFF is December 15, 2015, unmoved from May 2020.*
  • DFF is current across the board, except for China.*
* Note, however, per USCIS sunset protocol, USCIS will reject any regional center-based Form I-485, notwithstanding dates for filing. 
Please visit our previous post for information about the Visa Bulletin and a listing of terms & definitions.

We are here to help!

If you have any questions, please know our team is here for you. Contact the trusted and proven professionals at Carolyn Lee PLLC today. Inquiries can be sent to

We look forward to working with you!

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