The Department of Homeland Security (DHS) is proposing a new rule that would require Customs and Border Protection (CBP) to photograph nearly all non-U.S. citizens upon their entry to and departure from the United States. This rule also includes implementing other systems that track people’s physical traits as needed.
The proposal is open for public comment in the Federal Register until Nov. 26, 2025.
If enacted, the new system would replace the current pilot program and could be implemented at airports, seaports, and land borders. This means that travelers, including lawful permanent residents, should expect to have their facial images captured routinely when entering and exiting the country.
EB-5 attorneys have clarified that the proposed rule, as it is currently written, will not affect applications, but it will apply to EB-5 investors at various stages of the process, including those traveling to and from the United States.
What will the suggested biometric change require from EB-5 investors?
“For EB-5 investors, this does not change EB-5 eligibility, petition adjudication procedures, visa issuance, and/or I-829 removal of conditions,” U.S. immigration attorney Yuliya Veremiyenko-Campos from YVC Legal says.
She adds that, like any other foreign national entering or leaving the U.S., they should expect to have their photo captured at their port of entry or when leaving the United States, even if they have an approved permanent green card.
“Families should also note that the prior age-based exemptions are being narrowed, so kids and older travelers may also be photographed. Otherwise, the EB-5 program requirements and processing remain unaffected,” Veremiyenko-Campos says.
EB-5 lawyer Tony Wong from Wong & Associates adds that this proposal aligns with the veracity mandated by the EB-5 Reform and Integrity Act of 2022.
“Enhancing the security and certification of the investors’ identities, particularly for those in the U.S. holding advance parole and whose I-526E petitions remain pending. The expanded collection of biometric data may increase the risk that such individuals may be denied re-entry to the U.S.,” he concludes.
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