In this video attorney Jacob Sapochnick discusses upcoming changes to the EB-5 Immigrant Investor Program.
Under a new rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program will go into effect on Nov. 21, 2019.
The new rule modernizes the EB-5 program by:
- Providing priority date retention to certain EB-5 investors;
- Increasing the required minimum investment amounts to account for inflation;
- Reforming certain targeted employment area (TEA) designations;
- Clarifying USCIS procedures for the removal of conditions on permanent residence; and
- Making other technical and conforming revisions.
What is the EB-5 Program?
The EB-5 program is a program made possible through Congressional enactment that allows foreign investment. Investors may qualify for EB-5 classification through direct investment or investing through regional centers designated by USCIS based on proposals for promoting economic growth.
What do the changes entail?
The main changes are as follows:
- Raising minimum investment amounts: As of the effective date of the final rule, the standard minimum investment level will increase from $1 million to $1.8 million, the first increase since 1990, to account for inflation. The rule also keeps the 50% minimum investment differential between a TEA (Targeted Employment Area) and a non-TEA, thereby increasing the minimum investment amount in a TEA from $500,000 to $900,000. The final rule also provides that the minimum investment amounts will automatically adjust for inflation every five years.
- Allowing EB-5 petitioners to keep their priority date: The final rule also offers greater flexibility to immigrant investors who have a previously approved EB-5 immigrant petition. When they need to file a new EB-5 petition, they generally now will be able to retain the priority date of the previously approved petition, subject to certain exceptions.
For more information about these changes please click here.