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What would happen if the EB-5 capital quota increases when my I-526 petition is still under review?

What would happen if the EB-5 capital quota increases when my I-526 petition is still under reviewing by USCIS? Would I have to retreat it and increase my investment to the new quota?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    The change will not be applied retroactively to existing cases.

  • Avatar

    Lei Jiang

    Immigration Attorney
    Answered on

    It is unlikely this will happen. Congress needs to make new laws, but by the time Congress finishes its work, your application should be approved already! (Congress is slower than USCIS).

  • Avatar

    Shahzad Q Qadri

    RC Creator
    Answered on

    If for some reason the capital quota increases, you will be grandfathered in, provided your application has been filed.

  • Avatar

    Tammy Fox-Isicoff

    Immigration Attorney
    Answered on

    Nothing, it might take a little longer to get your residence because you will be in a line.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It would take a new law to make such a change (an act of Congress signed into law by the President). Most likely, such change would not be applied retroactively to existing cases.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    If it changes retroactively you will have to invest more, and if not, you will not have to invest more.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Currently, there are no plans to change the current $500,000/$1 million structure of the required amount of investment. If this does happen, there would probably be some grandfather clause for pending petitions.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Currently, there is no expectation that the minimum required investment amount will be $1 million dollars. Assuming that your I-526 petition is being adjudicated with a $500,000.00 investment and during this process the minimum requirement increases to $1 million, then more likely than not, the USCIS regulations will allow you to be grandfathered in with the lower investment requirement.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is unlikely congress will retroactively increase the amount of capital contribution. Generally speaking such changes only impact cases filed after the effective date of the statute.

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