EB-5 Regulation to Substantially Increase the Minimum Investment Amount Moves Forward

Recent news out of the Office of Management and Budget (“OMB”) suggests that an increase to the EB-5 minimum investment amount may come in the next few months. OMB recently moved a regulation that would increase the minimum investment amount to the review stage, the last stage before the rule will be finalized, published and will go into effect.

The actual timing for the rule to go into effect is unknown. The review stage can take anywhere from 1 month to several months, depending on how quickly OMB is able to process final steps. If the regulation is published, it will then take at least 30 days to go into effect.

At present, the minimum investment amount for EB-5 investors is $900,000, but recent proposals from the Department of Homeland Security have suggested the amount be increased to as much as $1.35M.

Clearly, this change will have a significant impact on EB-5 investors if it is published. We have been suggesting for a while that anyone interested in the EB-5 process move quickly to assess the viability of the program for their circumstances as they may see significantly different investment economics once the minimum investment amount substantially increases.

As always, if you are interested in pursuing a US Green Card through the EB-5 program, we strongly advise the employment of an experienced immigration lawyer to guide you through the oft-changing EB-5 regulatory environment. Mark Ivener has practiced immigration law for over 45 years, the last 20 years guiding investors through the EB-5 process.