Insights

Relief for 2002 Public Law Investors?  USCIS I-829 Applicant Alert

by Carolyn Lee

Oct 12, 2021

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.

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