USCIS makes significant changes to EB-5 immigrant investor program

Date Announced
July 24, 2019
USCIS final rule makes changes to the EB-5 immigrant investor program, including increasing the standard investment threshold to $1.8 million (from $1 million) and the minimum Targeted Employment Area (TEA) investment to $900,000 (from $500,000). The new rule, signed by Acting Secretary McAleenan, will also grant USCIS the authority to designate high unemployment TEAs, eliminating state involvement, and restrict a TEA to the immediate area around an EB-5 project.
[ID #544]
View Policy Document
Effective Date of Change
Nov. 21, 2019
Subsequent Action
November 10, 2020
USCIS provided a video of an online presentation with updates to the EB-5 immigrant investor program and responses to recently submitted questions. You can find the video here.
Updates on EB-5 Immigrant Investor Program
Subsequent Action

District Court denies preliminary injunction in suit by regional immigrant investor center in Florida to temporarily block the final regulation overhauling the EB-5 program.

**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Florida EB5 Investments, LLC v. Wolf et al Memorandum Opinion

Status: Final/Actual In Litigation

Type of Action: Rule

Subject Matter: Immigrant Visas: Employment-Based

Agencies Affected: USCIS DHS

Prior Policies

The Obama administration published a proposed rule to revise the immigrant investor program roughly a week before President Donald Trump took office in January 2017. The previous EB-5 program allowed foreigners who invest $1 million in a U.S. commercial project that will create or preserve at least ten jobs to apply for a green card. The investment threshold dropped to $500,000 if the project took place in a high-unemployment or rural area. States decided whether a geographic area qualified for the lower investment threshold.
About the EB-5 Visa Classification