New $1.35 Million Eb-5 Investment Proposed Regulation Issued

The USC IS, after 2 years of discussion, published a new “proposed” rule for the EB-5 immigrant visa, the next to last step needed to increase the minimum EB-5 investment amount from $900,000 to $1,350,000 in a Targeted Employment Area (“TEA”) (high unemployment area) and in other areas to $1,800,000. The new EB-5 visa rules will apply to both Regional Center and direct investor projects.

The new USCIS proposed EB-5 regulations include, in addition to increasing the investment amount, changes to the method of calculating TEAs, which allows the minimum investment.

The proposed rules allow the public 90 days to give the government comments. The USC IS must review the comments and then may enact the new rules.

The minimum EB-5 investment capital will most likely be increased this spring or summer. But note these are “proposed” rules and may change or be delayed. The new Trump Administration may cancel or alter the proposed rule considerably. And, there is a bill in Congress that would increase the investment amount to $1.8 million by October 2018.

Given, the considerable interest by the USCIS and Congress to increase the investment amount, now is a good time for EB-5 immigrants to invest and file their EB-5 visa applications. EB-5 applications filed under the current rules at the present $900,000 level should be locked in and will not be affected by the new rules.