Today, the Office of Management and Budget via the Office of Information and Regulatory Affairs published the Spring Unified Agenda of Regulatory and Deregulatory Actions . This bi-annual publication informs the public of regulations under consideration or planned by federal agencies.  Agencies are not bound by these postings, but transparency in the rulemaking process is important and, as such, the Unified Agenda is an important regulatory guide.

Specific to EB-5, USCIS indicates final action on the proposed EB-5 Immigrant Investor Program Modernization rule in August 2018.  USCIS posted final action of the EB-5 Immigrant Investor Regional Center Program in March of 2019.

A new requirement of Executive Order 13771 (Jan. 27, 2017)  Reducing Regulation and Controlling Regulatory Costs requires for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process is also posted under the Unified Agenda.

It is important to remember that, once an agency takes final action, a notice and comment period as directed under the Administrative Procedures Act and other administrative safeguards applies.