EB-5 Investment Changes – Update

The USCIS published the final EB-5 investment changes on July 24, 2019. These changes mark the first major update to the program regulations since 1993. The EB-5 regulation changes will go into effect on November 21, 2019, providing a grace period of 120 days. These changes include: 

Investment Amount Increase

The minimum investment amount will increase from $500,000 (TEA) and $1 million (non-TEA) to $900,000 and $1.8 million respectively. The increased amount is to account for inflation. The minimum investment amounts are scheduled to be adjusted for inflation every five years moving forward. 

TEA Designation Reforms

Projects located in TEAs (Targeted Employment Areas) appeal to investors because they allow for a lower minimum investment amount. The final rule includes reforms to the definitions and requirements for determining a TEA. These changes which will likely lower the number of available projects located within TEAs. The rule also shifts the authority to designate TEAs from the individual states to the USCIS.

Priority Date Retention

The EB-5 regulation changes allow for certain investors filing a second petition to keep their priority date from when their original petition was properly filed.  

Clarification for Removal of Conditions

The final rule clarifies that certain family members not included in the original petition must file independently for the removal of conditions to their permanent resident card. 

Other Minor Changes  

Visit the federal register to read the published final EB-5 regulation changes in full detail.

These changes will go into effect on November 21, 2019. If you are planning to apply for the EB-5 visa in the near future, now is the time to get started!

Contact us for more information on how to begin your EB-5 visa application.