How could Trump's executive orders impact the EB-5 Visa Program? - EB5Investors.com

How could Trump’s executive orders impact the EB-5 Visa Program?

EB5Investors.com Staff

President Donald Trump’s second term began with significant executive orders and proclamations, some aimed to reshape U.S. immigration policy.

The executive orders issued on Jan. 20, 2025, concerning immigration address enhanced vetting of visa applicants, birthright citizenship, border security, the U.S.-Mexico-Canada Agreement, asylum, and the refugee program.

The American Immigration Council said in a public statement: “These changes will touch nearly every aspect of the U.S. immigration system.”

One specific executive order, “Protecting the Meaning and Value of American Citizenship,” may have implications for the EB-5 visa program. This instruction narrows the citizenship rights, potentially affecting birthright citizenship for children born on U.S. soil on or after Feb. 19, 2025. These children must have at least one parent who is a Legal Permanent Resident (green card holder) or a U.S. citizen to be eligible for birthright citizenship. 

This change in birthright citizenship rules could impact current U.S. visa holders like H-1Bs, E-2s, and F-1s. Several federal judges have issued rulings temporarily pausing its enforcement, calling it “unconstitutional,” while a few states have requested to put it on hold. Several lawsuits have also been filed against the instruction.

If enforced, temporary visa workers would need to find alternatives to secure their family’s future in the United States, potentially prompting them to explore the EB-5 visa program.

Marko Issever, a broker-dealer and CEO of America EB5 Visa, LLC, states, “While this move sounds against American principles and perhaps against the U.S. Constitution, it can only help to increase the number of candidates seeking US citizenship through other means, including EB-5 if they have the financial means to do so.”

Reid Thomas, Chief Strategy Office of Ampersand Inc., adds that President Trump’s second term may be the best opportunity to expand the EB-5 program’s capacity.  

“The President spoke about his support for legal immigration and that he anticipates there being a big need for skilled immigrants given the anticipated economic growth,” Thomas says. “At the same time, banks have tightened their lending portfolios on commercial real estate, which will only increase demand for EB-5 capital in what has historically been the largest market for EB-5 investments.  If the industry continues to embrace the true spirit of the job creation component toward communities in need as encouraged in the [EB-5] Reform and Integrity Act, great things could happen.”

The EB-5 visa program allows investors to apply without employment sponsorship and apply for citizenship after holding green cards for five years.

The impact on EB-5 of granting green cards to foreign U.S. college graduates and gender recognition

Another executive order that could impact the EB-5 program is the limitation to recognizing gender identity to the biological sex assigned at birth by the federal government. Issever points out that this policy shift may influence individual decisions regarding pursuing permanent residency through programs like EB-5 and U.S. citizenship. 

“While many could decide to abandon their U.S. citizenship and move to countries more accommodative to their sexual preferences, others who are citizens of other jurisdictions might find President Trump’s views in line with their moral clarity and, therefore, decide to pursue U.S permanent residency and US citizenship through EB-5 if they have the financial means to do so,” the EB-5 broker-dealer says.

Issever also underscores the potential impact of Trump’s proclamations about giving green cards to those who are U.S. college graduates of foreign nationalities. “If this proposal becomes law, there would be no more reason for F-1 visa-holding Chinese students or H-1B visa-holding India-born professionals currently working temporarily in the U.S. to seek a green card through EB-5.”

DISCLAIMER: The views expressed in this article are solely the views of the author and do not necessarily represent the views of the publisher, its employees. or its affiliates. The information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.