How Will the COVID-19 Pandemic Affect EB-5 Applications?

COVID-19 and my Pending EB-5 Application

With the COVID-19 pandemic still raging, immigrant investors may be concerned about how their EB-5 visa application/process might be affected.  USCIS is taking proactive steps to help those impacted and has provided literature on actions it has taken in response to the COVID-19 pandemic, which can be found here.

Deadline Extensions

 With regard to certain notices sent by USCIS (including Requests for Evidence, Notice of Intent to Deny, Notice of Intent to Terminate) between March 1, 2020 and January 31, 2021, USCIS will accept responses up to 60 calendar days past the stated deadline contained in such notice or request. 

Special Situations

USCIS has stated that it has the discretion to take specific measures on a case-by-case basis when problems arise.  For example, according to USCIS, “when applying for an extension or change of status due to a special situation that prevented your planned and timely departure, we may take into consideration how the special situation prevented your departure. If you do not apply for the extension or change of status before your authorized period of admission expires, we may excuse the delay if it was due to extraordinary circumstances beyond your control.”

Failure to Appear for an Interview or Biometrics Appointment

USCIS is making accommodations for persons who have missed certain appointments or interviews due to COVID-19 coronavirus considerations.

While it is not advisable to ignore a deadline or miss an appointment, in the event that you suffer unavoidable consequences as a result of the COVID-19 coronavirus pandemic, review the guidelines provided by USCIS as you may be protected.

For the latest information on how COVID-19 coronavirus has impacted applicants applying for visas from outside of the United States, you can visit the State Department’s website here.