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When might the Department of Homeland Security regulations be implemented?

I am from India and I am looking to invest $500,000 into a project that is located in a TEA. I have been waiting a month to see if the program would be extended. I understand that it has been extended until the end of September, but I recently heard that there are some regulations that might increase the TEA amount to $1.3 million. When will these regulations be implemented? How soon do I need to make my investment to make sure that I can invest $500,000?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No one knows for sure when or if the regulations will be promulgated. It would be wise for anyone considering an EB-5 investment to proceed quickly because the investment could be raised by these regulations before the U.S. Congress passes any EB-5 reform legislation or extends the regional center program beyond Sept. 30, 2018.

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    Charles Foster

    Immigration Attorney
    Answered on

    No one knows for sure when the proposed DHS regulations on EB-5 matters will be implemented. Instead of waiting, you should go ahead and make the investment at the earliest possible date. The only thing you can control is when you make your investment and file your EB-5 Investor Petition on Form I-526. So it is uncertain when the regulations will change, but there is absolutely no reason why you should wait as you may wake up one morning to learn that the regulations were implemented and the minimum investment is $1.3 Million or more. So you should make your investment just as soon as possible.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    As of now, the EB-5 Regional Center program as well as the minimum investment amount, etc., will remain the same until the current extension period of 9/30/2018. No one can predict when/if the changes would happen, but would be safe to assume if you invest before 9/30/2018, you would qualify using the current requirements.

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    Barbara Suri

    Immigration Attorney
    Answered on

    If you wish to invest under the current investment amount, now would be the time. Also, they usually allow at least 60 days notice before that type of rule change takes effect.

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    Anusree Nair

    Immigration Attorney
    Answered on

    There are some rumors that the regulations are stalled in the OMB but we are also hearing that they could be published sometime in April or May. So basically, we do not know for sure. If you are looking to invest at the $500,000 level, the best advice I can provide is that you should start the process and file sooner than later.

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    Tina Tian

    Immigration Attorney
    Answered on

    EB-5 minimum investment of $500,000 USD in TEA remains valid until September 30, 2018. It is hard to predict when the new regulations will be passed.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    No regulations have been released (yet). It is hard to predict so best to invest as soon as possible and file the I-526 right away.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS Deputy Chief of EB-5 division, Julia Harrison, stated last November that they were ready to come out with the final rule this spring. Although they may have waited until the Omnibus spending bill was signed, there is nothing to stop them from issuing the new rule as early as April. It is not a good idea to keep waiting to see how things will change. If you are ready with funds, you should seize the day and file as soon as possible.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Absolutely no one can accurately predict when USCIS or Congress will act. We have lived with this unknown for a number of years. If EB-5 is important to you act now and work with a law firm that has a Client Services Director based in India or alternatively work with a firm that is experienced in assisting Indian investors. EB-5 is going to change the only question is when. Do not allow yourself to be a victim of procrastination.

  • Avatar

    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    We do not quite know yet when the final rule of the regulations will become effective. A draft of the rule was published in January 2017, and when the rules are finalized we should have 60 days notice after the publication before they become mandatory on newly filed I-526 petitions. It would be wise to start to prepare to file now, before notice of the final rule takes effect. In order to seek to petition at the $500,000 amount, an investor will need to file an I-526 by fully committing or making available the investment amount before the final regulations are made effective.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I would suggest investing before the September extension date.

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