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What will the minimum EB-5 investment be in 2016?

I plan to submit the I-526 around June 2016. Is the expected $500,000 minimum investment change going to apply to all EB-5 regional centers? If the amount is increased to $800,000, will it still be possible to submit an I-526 with a $500,000 investment if the regional center had their business plan approved before the increase?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your questions are excellent and are asked by the EB-5 industry. The answers to your questions will occur when Congress authorizes a new law that will state the new minimum investment requirements and the new analysis for Target Employment Areas. Furthermore, the timing of the new requirements will be stated in the new law.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Maybe? I wish we knew more, but details like changes to investment amounts and effective dates/grandfathering in of old requirements are still not confirmed.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It will very much likely increase. There is no specific legislation in place yet that defines the investment amount increase or effective date for grandfathering. It is anticipated that the new legislation will be enacted on or around Dec. 11, 2015.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The current discussion is that the minimum will be $800,000 for tougher TEA areas as early as Dec. 11, 2015. Also, there is a discussion of limiting the grandfathering to only those projects that have either received the exemplar or I-526 approved before June 2015. Thus, there will be only a limited number of regional center projects that will qualify if they approved the new law with that kind of grandfathering language.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No one knows the answer. What we do know is your best chance to file at $500,000 is if you file before Dec. 11, 2015, with a project that has an exemplar or I-526 on file, or preferably approved.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The minimum EB-5 investment amount will most likely increase. As far as how much of an increase or how the new legislation will implement the changes are still uncertain. Doubtful though that USCIS will allow grandfathering of the $500,000 in instances of approved exemplars.

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    John J Downey

    Immigration Attorney
    Answered on

    Really unable to answer this question at this time. Congress is drafting new changes, but it will probably after the new year until some consensus is reached.

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    Ian E Scott

    Immigration Attorney
    Answered on

    The exact details of the increase in the EB-5 minimum amount have not been finalized yet, but it is expected that the amount will increase to $800,000. The new legislation will also spell out the effective date for this.

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