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USCIS makes significant changes to EB-5 immigrant investor program

  1. Original 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]

    EB-5 Immigrant Investment Program Modernization Final Rule
  2. Effective Date

    November 21, 2019
  4. Biden Administration Action

    March 31, 2021

    Ratification Notice

    DHS Secretary Mayorkas notifies the court in Behring Regional Center v. Wolf of the Biden Administration's ratification of the July 24, 2019 final rule.

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  5. Biden Administration Action: Expired

    July 1, 2021

    USCIS Alert About the EB-5 Visa Classification

    This Biden administration action announces agency action in light of the expiration of statutory authorization for the program identified in this entry.

    Statutory authorization related to the EB-5 Immigrant Investor Regional Center Program expired at midnight on June 30, 2021. USCIS announced that it will reject all Forms I-924 and I-526 as well as Forms I-485 filed based on an approved I-526 until further notice. USCIS generally will not act on pending petitions affected by the lapse in statutory authority.

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  6. Biden Administration Action: Revoked/Replaced

    July 15, 2021

    2021.07.15 Volume 6, Part G, Chapters 1-5

    This Biden administration modifies USCIS policy in response to a court action enjoining the Trump era policy identified in this entry.

    On July 15, 2021, USCIS updated their policy manual to reflect that the District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, vacated the November 25, 2019 rule changing EB-5 eligibility. Changes were made to Volume 6, Part G, Chapters 1-5.

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  7. Biden Administration Action

    July 30, 2021

    2021.07.30 Ratification of Department Actions

    This Biden administration policy ratifies the Trump-era policy identified in this entry.

    On July 30, 2021, DHS issued a notice in the Federal Register confirming Secretary Mayorkas's March 31, 2021 ratification of the Trump-era policy.

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Current Status

Not in effect
March 31, 2021
Acted on by Biden Administration
July 1, 2021
Acted on by Other
July 15, 2021
Acted on by Biden Administration
July 30, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS DHS

Pre Trump-Era Policies

  • February 22, 2019

    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


  • Immigration Leaders Sound Alarm About Possible Demise Of The U.S. EB5 Investor Immigration Program

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