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If the DHS changes to the EB-5 Program go through, what will be the options for investors filing through Regional Centers or in TEAs?

We were thinking of applying for $500,000 EB-5 option, but we found out that the EB-5 program is ending on Jan. 19, 2018. Even if Congress renews the program, DHS has a Rule that will increase the limits starting in Feb. 2018. What are our options now? Will this increase our $500,000 investment if we apply after Jan. 19? Thank you very much for the help.

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    There may be legislative or Regulation changes that may increase the minimum investment amount. If there are continuous resolutions and an expiration date then investors will file there I-526 petitions before the expiration date to grandfather their minimum investment amount which today is USD $500,000.00.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is a lot of concerns for investors as various entities such as USCIS, the Congress, the White House, just to mention a few that have been issuing contradictory and confusing statements. However, until the changes go into effect, $500k will continue to be the rule.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    $500,000 investment under TEA is only available if you invest and file before the program ends, either January 19 or until the new law or regulation takes effect. If you are not yet ready to fund by January 19th, I would suggest you move as quickly as possible to file thereafter and hope that the new law or regulation does not take effect before your filing. The more you hesitate, the worse or closer you would be to miss out altogether.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Most industry insiders believe that the rules will not change until April. Therefore, if you move quickly you may have enough time to conduct your due diligence on EB-5 projects, select one you are comfortable with, and make your investment/file your I-526 petition before the changes take effect. You should retain an experienced EB-5 immigration attorney to represent you.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    The new instructions will outline the new criteria and start date for their application.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    The increase of the minimum capital investment required for EB-5 will increase, whether it happens in February 2018 or when the pilot program is yet again set to sunset on January 19, 2018, it is inevitable. As the regulation stands, if you file prior to January 19, 2018, the current minimum capital requirement of $500,000 for investment in a Targeted Employment Area (TEA) would apply, and $1million in non-TEA.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No one knows the new rules yet.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Speak with your Investment Immigration attorney and General Securities Principal. Generally, if you apply under the existing law before the changes, whether administrative by USCIS or a new law passed by Congress, you should be fine. But there is absolutely no substitute to having the right experts on your team. Now is the time to take action!

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The general consensus is that Congress will not apply new laws retroactively so it appears there should be a window of opportunity to apply with current minimum investment requirements.

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