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USCIS makes significant changes to EB-5 immigrant investor program

  1. 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
  2. Effective Date of Change

    Nov. 21, 2019
  3. 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
  4. 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
Type of Action: Rule
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

Subsequent Actions

Commentary

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