What is the expected impact on existing EB-5 applications if Trump were to end the EB-5 program? I’ll be filing I-829 in a few months.
Answers
Lynne Feldman
EB-5 Immigration attorneysNo one knows until the rules are printed in the Federal Register. There will likely be multiple lawsuits as well as many persons have detrimentally relied on the existing program. It is also possible the end will exempt pending cases from termination.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysEnding the EB-5 program would require a legislative action by Congress. Thus, it is not easy to do. It is unlikely that any possible changes will affect existing applications.
Tony W. Wong
EB-5 Immigration attorneysI don't think Trump can end the EB-5 program immediately and unliterally because only Congress can do so. Under the RIA, all petitions filed before September 30, 2026 are protected by the "Grandfather" clause, and USCIS will continue the adjudication of the I-526 filed before September 30, 2026 and all related I-829. So, your I-829 will not be affected. Whether EB-5 will continue after September 2027 depends on whether the Congress will renew the RIA.
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