One Year Left to Invest in a EB-5 Regional Center Project

AIIA warns that EB-5 Regional Center investors will lose protection after Sept. 30, 2026 unless they file I-526E petitions before that date, as the program may lapse again in 2027 amid the administration’s push for the competing $1M “Gold Card” scheme. AIIA—creator of EB-5 grandfathering—urges investors and issuers to act now and continues advocating for extended protections if Congress fails to reauthorize the program.

Trump Gold Card: A New Green Card Pathway Competing with EB-5

Trump’s new $1M “Gold Card” visa plan competes directly with EB-5 and raises serious legal concerns, as it lacks statutory authority and reinterprets EB-1/EB-2 categories in ways likely to be blocked in court; unlike EB-5, Gold Card funds go straight to the U.S. Treasury, signaling a shift toward government revenue over job-creating private investment and raising risks for EB-5’s 2027 reauthorization.

August 2025 Update on the Sustainment Period Lawsuit – What EB-5 Investors Need to do

AIIA opposed IIUSA’s lawsuit to extend the EB-5 sustainment period, filing an amicus brief that helped secure a ruling from Judge Reyes affirming the RIA’s two-year at-risk rule for post-RIA investors. USCIS will now draft formal regulations, and AIIA plans to mobilize investors during the public comment period to protect this interpretation from industry pushback.

The Fight to Protect Good Faith EB-5 Investors

The RIA was designed to protect “good faith” EB-5 investors when projects fail due to no fault of their own, but USCIS has failed to implement these protections, leading to lawsuits like those by AIIA co-founder Rajvir Batra and seven other investors. AIIA supports these legal actions to ensure timely notices, 180-day cure periods, and preservation of investors’ immigration status.

AIIA FOIA Series: Hidden USCIS Adjudication Standards – National Security Checks

FOIA disclosures reveal that USCIS’s FDNS uses opaque, often subjective “national security” indicators—especially for investors from countries of concern like China—to flag EB-5 cases for lengthy reviews or denials, with triggers ranging from military ties to certain university affiliations. These reviews can occur at any stage and cause years of delays unless addressed through litigation or political intervention.

AIIA FOIA Series: Post RIA Petition Approval Statistics for January 2025

USCIS FOIA data shows post-RIA EB-5 adjudications are slow, with rural cases moving faster than high unemployment cases but both far from clearing the backlog—meaning long waits ahead, especially for HUA investors.

IIUSA fails to come to an agreement with USCIS on sustainment period

AIIA is opposing an IIUSA lawsuit that could lengthen the EB-5 sustainment period for post-RIA investors, undermining the 2-year rule set by Congress. A recent hearing went poorly for our side, and while current rules remain in effect for now, a settlement or court ruling could revert to harmful pre-RIA timelines, so AIIA is preparing legal and advocacy actions to protect all investors.

Trump's Desire to Replace the Current EB-5 Program

Trump announced a $5M “Gold Card” visa to replace EB-5, but only Congress can abolish EB-5, which is authorized through 2027 with strong investor protections. AIIA will fight any unlawful attempts to harm EB-5 and urges investors to remain confident while preparing for future advocacy.

Update on the IIUSA vs USCIS Sustainment Lawsuit

On Jan. 28, 2025, a court hearing in IIUSA v. USCIS cast doubt on DHS’s two-year sustainment interpretation, risking a return to pre-RIA rules with longer investment periods and redeployment risks. AIIA is fighting back with legal action and needs your support to protect EB-5 investors.

AIIA FOIA Series: Updated I-526E Inventory Statistics for July 2024

AIIA has filed FOIA requests to USCIS for data on I-526 and I-526E filings, revealing trends from April 2022 to July 2024. The data shows a rise in demand for high unemployment and rural TEA visas, with wait times increasing due to limited annual visa availability. The backlog is especially concerning for applicants from China and India.

Announcing the Publication of The Essential EB-5 Investor’s Guide authored by Dilip Parameswaran

AIIA is proud to release The Essential EB-5 Investor’s Guide by Dilip Parameswaran, a seasoned investment banker who has successfully navigated the EB-5 process. This guide offers key insights into the immigration and investment aspects of EB-5, with expert contributions from EB-5 attorneys. Available on Amazon in both digital and paperback editions, it’s an essential resource for current and prospective EB-5 investors.

AIIA FOIA Series: Pre-RIA I-526 data as of July 2024

AIIA's recent FOIA requests have uncovered detailed data on pending EB-5 I-526 petitions as of July 2024, highlighting the backlog of pre-RIA investors, particularly from China, India, and the Rest of World. The data emphasizes the significant wait times for pre-RIA investors, while also shedding light on the growing backlog for post-RIA investors, especially from China, where there may not be enough visas to clear the backlog by 2030.

Courts Rule Against Regional Centers on Visa Rollover Lawsuit

A court ruling has blocked IIUSA's attempt to prevent the rollover of unused EB-5 set-aside visas into the unreserved category, ensuring more visas for pre-RIA investors, especially those from China and India, reducing their wait times. This decision preserves the status quo, benefiting past investors while maintaining potential backlogs for post-RIA set-aside investors, and AIIA continues to monitor the case and protect investor interests.

Overview of I-526E Statistics for March 2024

AIIA’s recent FOIA request reveals trends in EB-5 petition filings from April 2022 to early 2024, showing strong demand from China and India, with increasing interest from Latin America and Europe. The data highlights an imbalance, with High Unemployment Area petitions surpassing Rural petitions, especially in Colombia and Europe.

IIUSA Strikes Again: Visa Lawsuit Could Harm Immigrant Investors

AIIA is strongly opposing the lawsuit IIUSA v. Blinken, filed by IIUSA and regional centers, which aims to prevent the rollover of unused set-aside EB-5 visas into the unreserved category, arguing that it harms pre-RIA investors facing significant backlogs. While IIUSA claims this action will help set-aside investors, AIIA asserts that it will hurt pre-RIA investors by reducing available visas for those already waiting, and it ultimately seeks to change policy to benefit regional centers at the expense of the broader investor community.

AIIA Goes To The Supreme Court: Our Amicus Brief In Bouarfa v. Mayorkas

AIIA is advocating for immigrant investors' rights to challenge USCIS decisions in federal court, particularly regarding the revocation of approved EB-5 petitions, which USCIS argues should be immune from judicial review. The Supreme Court is set to hear the case Bouarfa v. Mayorkas to decide whether these revocations can be appealed, and AIIA has filed an amicus brief to support investors' right to contest such decisions.

Analysis of the IIUSA vs USCIS suit on EB-5 Sustainment Period (Part 2)

Read part 2 of our two-part analysis on IIUSA's sustainment lawsuit complaint regarding why we believe their logic is faulty, and what we plan to do to make sure EB-5 investors' rights are protected in the process.

Analysis of the IIUSA vs USCIS suit on EB-5 Sustainment Period (Part 1)

Read part 1 of our two-part analysis on IIUSA's sustainment lawsuit complaint regarding why we believe their logic is faulty, and what we plan to do to make sure EB-5 investors' rights are protected in the process.

Regional Centers file lawsuit to revert sustainment period rules for post-RIA investors

Invest in the USA (IIUSA), an organization representing a number of EB-5 regional centers, have just filed a lawsuit against USCIS over this updated sustainment period clarification. We believe that this lawsuit has the potential to gravely undermine the financial interests of EB-5 investors, read this blog to find out why.

Court says “No imminent harm in the fee increase matter”, The Fight Continues.

The judge refused to approve the Temporary Restraining Order to stop USCIS's fee increase, but the fight is just getting started. Read our blog to learn more about how we plan to hold USCIS accountable.

Help us fund our lawsuit against USCIS on the raising of EB-5 fees

USCIS is on the verge of illegally raising processing fees for multiple EB-5 related forms, help fund our effort to stop USCIS from casting this unfair financial burden on the EB-5 community.

AIIA FOIA Series: Updated I-526E Inventory Statistics for 2023

AIIA presents a detailed data analysis on just how this new FOIA data means for post-RIA investors, read our blog and our webinar discussing this data on Youtube to learn more.

How to financially prepare for an EB-5 investment while working on the H-1B

In this guide co-written by Vrishin from CapitalWe and AIIA, we explored the different methods which prospective EB-5 investors on H1-B visa can best prepare for their eventual investment.

FOIA Request for Updated I-526E Inventory Statistics

In this blog, AIIA analyzes the newest batch of I-526E inventory data born from our previous FOIA litigation. We did a deep dive on the issue of "invisible backlog" and highlighted the lopsided demand and supply of Rural and High Unemployment Reserved EB-5 categories.

AIIA Holds Second Meeting with CIS Ombudsman’s Office

AIIA’s second meeting with the Citizenship and Immigrant Services Ombudsman (CISOMB) covered topics such as the sustainment period, aging out, source and path of funds issues, as well as transparency with EB-5 investors regarding petition intake and adjudications.

AIIA Obtains I-526E Inventory Data for Backlog Assessment

AIIA has now received a never before seen look at the I-526(E) petition inventory held at the USCIS as of April 2023. This data was obtained through a Freedom of Information Act (FOIA) request and litigated by AIIA. Now, we must continue the fight for transparency and continue to push USCIS for further information about EB-5 petition inventories and processing delays at USCIS.

AIIA meets with CIS Ombudsman

The AIIA Team attended their first meeting hosted by the CIS Ombudsman on October 6th, where the team discussed all kinds of issues affecting the EB-5 investor community. Predominantly, delays and stunted processing times for EB-5 petitions are the root of most issues facing immigrant investors, causing dangerously high spikes in the rate of redeployment, petition denials, and aging out.

Who is responsible for my EB-5 delay?

Delays in the EB-5 immigration process are chronic issues which have accumulated into processing standstills for some EB-5 investors. AIIA has put together a guide to identify some of the largest of these delays, as well as to explain how we currently understand the EB-5 immigration process to be administered between the DHS and DoS.

We are suing USCIS for failing to provide I-526E inventory data

Since USCIS has yet again failed to provide us with the appropriate information regarding our prior FOIA requests, AIIA–in partnership with the Galati Firm–is suing USCIS for this lack of transparency and to prevent the forming of an invisible backlog in the not-so-distant future.

Solving the Visa Backlog Problem

With so many issues prevalent in the U.S. immigration process, visa backlogs have dominated the concerns of Eb-5 immigrants everywhere. AIIA analyzes and outlines the different institutional fixes proposed to fix EB-5’s backlog program based on their respective merits, feasibility, and favorability. If any of these solutions are implemented within the next year, the EB-5 program could see a massive overhaul of approvals and processed petitions.

Injunction filed on Florida Alien Land Law that has potential impact on EB-5 investors

Xenophobia dominated Florida’s gubernatorial offices when a law to ban investments and property acquisition by citizens of “countries of interest” passed this month. What this bill really signifies is a racist effort to violate the constitutional rights of primarily Chinese immigrants living, working, and investing in the state. AIIA analyzes the risks of future EB-5 investment made in Florida and any negative impacts expected on the investor’s EB-5 journey.

How long must pre-RIA EB-5 applicants expect to wait for a visa?

AIIA utilizes the data we have gathered through our recent FOIA campaigns to offer EB-5 investors an overall estimation on the expected wait time of EB-5 investors from backlogged countries based on historical data trends. With USCIS current petition processing times, the outlooks for most retrogressed immigrants is grim, considering little has been done since the passage of the RIA to remediate wait times.

The EB-5 Visa Backlog Problem

In Part two of the Visa Backlog Series, AIIA outlines the inherit factors that contribute to the emergence of visa backlog within the EB-5 program. These factors include the existence of national caps and EB-5 categories, slow processing speed, and so on.

How does the Visa Bulletin work for EB-5 investors?

In this first installment of the Visa Backlog series, AIIA offers a comprehensive introduction to the EB-5 program, how the visa bulletin plays into it, as well as how EB-5 investors should interpret the visa bulletin in lieu of their own priority dates. This information should be especially important to investors who face extended backlog based on their country of chargeability.

Second FOIA Suit to Address Petition Denials

Since USCIS has failed to provide us with the appropriate information regarding our prior FOIA requests, AIIA–in partnership with the Galati Firm–is suing USCIS for this lack of transparency and inaction.

Public webinar on AIIA’s next phase of advocacy efforts

Watch the first AIIA webinar since the program lapse. During which we discussed important, outstanding issues of the EB-5 program, including processing efficiency, visa backlog, sustainment and redeployment, and the lack of transparency.

AIIA files Amicus Brief to support investor Mandamus efforts

AIIA is backing a lawsuit by EB-5 investors against USCIS for delays in processing their petitions. These investors are suing to force USCIS to finally process their EB-5 petitions, which have been experiencing long delays.

AIIA FOIA Series: Pending I-526 and I-829 petitions by country

The data AIIA received through a FOIA request shows the number of pending I-526 and I-829 petitions by country revealing the backlog of EB-5 petitions waiting to be processed by USCIS. The information can be used to estimate visa wait times for EB-5 investors.

USCIS says EB-5 investors should pay 150%+ more in fees

USCIS is proposing a significant fee increase for EB-5 investors, claiming it's necessary due to program underfunding. AIIA argues that this is unfair for investors as it doesn't address slow processing times and past issues with USCIS service.

AIIA FOIA Series: Source of Funds Review at I-829 stage

USCIS has provided some information on the re-adjudication of Source of Funds are I-829 stage, but much of it is redacted. The article also focuses on the issue of re-examining the source of funds and path of funds used by investors. AIIA says that this scrutiny can be unfair to investors who used informal methods to transfer funds.

AIIA Submits Comments and Questions to USCIS Ahead of March 20 EB-5 Stakeholder Engagement

The EB-5 Reform and Integrity Act (RIA) introduced changes, but the impact on investors, particularly pre-RIA investors, remains unclear. AIIA raises questions about investment period, sustainment requirements, and the effect of regional center terminations.

AIIA gặp gỡ các nhà đầu tư EB-5 tại Việt Nam

On AIIA’s recent trip to Vietnam, we met with our agent partners at Citizenship Pathway and Loyalpass to learn about the hurdles investors are facing over path and source of funds in their immigration documents. This trip was a fantastic opportunity for us to meet with community leaders in the Vietnamese Eb-5 investor community, and speak directly to some of the most devastating immigration failures which have affected the Vietnamese market the hardest, such as arbitrary and nonstandard adjudication procedures and consular closures. Read more about our team’s reflections on the Vietnam trip here!

AIIA meets with EB-5 investors in Vietnam

On AIIA’s recent trip to Vietnam, we met with our agent partners at Citizenship Pathway and Loyalpass to learn about the hurdles investors are facing over path and source of funds in their immigration documents. This trip was a fantastic opportunity for us to meet with community leaders in the Vietnamese Eb-5 investor community, and speak directly to some of the most devastating immigration failures which have affected the Vietnamese market the hardest, such as arbitrary and nonstandard adjudication procedures and consular closures. Read more about our team’s reflections on the Vietnam trip here!

Hello World! This is AIIA 2.0

AIIA introduces their newest phase of advocacy: a new website, paired with a brand new resources section that helps EB-5 investors and professionals access the most relevant information concerning the EB-5 program.

Updates from AIIA, Call for New Hires + Zoom call

Read about AIIA’s next steps on our advocacy agenda, what have we been up to since the Reform and Integrity Act, our latest career opportunities and volunteer positions, and our upcoming Zoom public engagement with our wonderful investor community.

Thanking our EB-5 industry supporters

AIIA would like to thank all the following EB-5 industry members who had aided AIIA in both professional and financial capacities to carry out our mission to help reauthorize the EB-5 Regional Center Program for EB-5 investors from across the world.

Newsletter #8: What happens next?

EB-5 investors face a critical few weeks as Congress negotiates EB-5 reform and reauthorization. The key players are Senators Leahy and Grassley, and their bill is expected to be included in the upcoming Omnibus appropriations bill. Grandfathering for existing investors is a priority, and AIIA is advocating for its inclusion in any reauthorization or as a standalone measure. Lawsuits against USCIS are a last resort but may be necessary if legislative efforts fail.

Newsletter #7: AIIA Goes to Washington DC

AIIA conducted a successful advocacy visit to D.C., engaging with key Congressional offices and shedding light on EB-5 investors' concerns, pushing for the grandfathering initiative and highlighting the impact of the program lapse on American jobs, with plans for further action in the new year.

Newsletter #6: Contingency Plan

Reauthorization of the EB-5 Regional Center Program has likely been pushed to the new year, due to the bleak likelihood of the Regional Center Reform Bill passing through Congress. With the risk of USCIS ceasing to hold EB-5 petitions in abeyance, it is more important than ever that Congress work towards reconciliation for stranded EB-5 investors, either by passing this bill, or through an initiative like FIFPA.

Foreign Investor Fairness Protection Act FAQ and Update

An in depth look into AIIA’s updated proposed Foreign Investor Fairness Protection Act designed to protect existing EB-5 investors from program lapses, which has the potential standalone action if necessary.

EB-5 Investors, Share Your Story!

Moving stories are always an important foundation to any successful advocacy campaign. AIIA wants to help amplify EB-5 immigrant stories to members of Congress when we discuss the burden the program lapse has imposed upon them.

Newsletter #5 – Reauthorization Not Expected Until Next Year

Reauthorization of the EB-5 Regional Center Program is unlikely to happen before the end of the year; we need to come together to make sure Congress secure the future of immigrant investors.

Newsletter #4 – When will processing resume on my petition?

EB-5 investors are stuck in limbo due to the expiration of the Regional Center program. Their petitions are on hold and it's unclear when processing will resume. AIIA is advocating for a grandfathering bill (FIFPA) to protect existing investors. You can help by donating or sharing your story.

AIIA files FOIA request with USCIS

AIIA has filed its first Freedom of Information Act request to learn more about staffing allocations at IPO, USCIS policy and decision making process during the lapse, IPO processing volumes, and more.

AIIA submits questions to USCIS EB-5 Public Engagement

AIIA submitted a series of questions for the most recent USCIS public engagement regarding the EB-5 program and its stakeholders, including questions on residual RC program lapse, IPO operations and staffing capacity, as well as processing policies for the ongoing lapse.

Newsletter #3 – Our Efforts Are Working

Read the newest update on the legislative milestones AIIA and the EB-5 community has achieved, also more on the importance of FIFPA, program reauthorization and our community’s efforts to support AIIA’s work and bring a grandfathering proposal for all EB-5 immigrants to life.

Newsletter Update #2: The Program Lapse needs to End

Amidst the ongoing EB-5 program lapse, AIIA is here to bring you the latest updates on the newest political development on this subject through our second ever webinar series with esteemed EB-5 professionals. Together with our community, we have taken our first steps to reauthorize the EB-5 program and work towards justice for EB-5 investors across the world.

AIIA will push for the Foreign Investor Fairness Protection Act

In order to protect the rights of EB-5 immigrants who had invested prior to the program lapse, AIIA is advocating for our own FIFPA bill to ensure that EB-5 investors can complete their immigration journeys.

FAQ #1 - EB-5 Regional Center Program Lapse

What will happen to my EB-5 application now that the program has lapsed? What can I do about it? This article offers answers to the most frequently asked questions about EB-5 program lapse.

EB-5 Program Has Lapsed

The EB-5 program has lapsed on June 30, 2021 after a failed attempt to pass the EB-5 Reform and Integrity Act; watch AIIA’s town hall recording to learn more about what this meant for existing investors and what we have been doing to help protect investors.

AIIA writes open letter to Senators Schumer, Grassley and Leahy

AIIA’s congressional outreach campaign has begun by formulating an open letter to senators Schumer, Grassley, and Leahy with the help of our EB-5 investor community.

Newsletter Update #1: Anticipation for the EB-5 Program Lapse

AIIA discusses the potential sunset of the EB-5 Regional Center program and the current legislative proposals, lawsuits, and policy which may affect EB-5 investors waiting for reauthorization.

EB-5 Investors Need a Voice

Meet the American Immigrant Investor Alliance, the U.S. nonprofit dedicated to achieving equity and transparency in the EB-5 immigrant investor program.