
At the recent EB-5 & Global Immigration Expo in Newport Beach on Jan. 9-10, 2025, industry professionals shared insights and advice on various aspects of the EB-5 visa program, which is one of the best green card options for the United States.
EB-5 professionals David Hirson of David Hirson & Partners, LLP, Marko Issever of America EB5 Visa, LLC, Daniel Lundy of CSG Law, Rakesh Patel of Patel Law Group, and Reid Thomas of Ampersand address key questions that EB-5 investors ask about the program, with topics ranging from potential implications of the second Donald Trump presidency and visa availability to the importance of project quality and the advantages associated with the EB-5 program.
What can we expect for the EB-5 visa program from the new Trump Administration?
Concerns about the future of the U.S. immigration landscape under a potential second Trump Administration led the speakers to express cautious optimism. They viewed this as a positive period for the EB-5 visa program, noting that President Trump supported it during his first term.
David Hirson: “It’s a very trying and interesting time. And I think it is a very positive time for immigration, particularly EB-5.”
Marko Issever: “The horizon for EB five is very, very, very strong.”
Daniel Lundy: “There is a slowdown coming, and there is a benefit to filing sooner rather than later. I don’t think that he [President Trump] necessarily has any interest in killing the program. He may help expand the program, but I do think you have an agency [USCIS] that is hostile, and the people he’s putting in charge of the agency are hostile to immigration in general. I think we’re going to see more RFEs. I think we’re going to see slower processing. Not necessarily a bad thing. The slower they process I-526s, the longer it takes for us to have a backlog. So, there’s a balance there. But I think there’s going to be some unpredictability.”
Rakesh Patel: “Trump is very pro-business. This is a pro-business program. This is a job creation program. And if you look at the country, that’s what we voted on. And so I don’t see this having an adverse impact.”
Reid Thomas: “To the extent that the industry can tie the benefits of what EB-5 is doing to the benefits and the improvements in these communities, the better the chance. I think we have not only to make the program permanent but to make the program bigger.”
What might happen to EB-5 visas availability this year 2025?
The panelists were adamant that EB-5 investors should not rush decisions to avoid the potential waiting line that the Department of State (DOS) caution in January affects applications for any of the three EB-5 set-aside categories that make up the program.
Daniel Lundy: “Invest in the best project. I can’t tell you which one is going to happen first or which one is going to backlog first. So, I my advice would still be to pick the best project.”
Rakesh Patel: “We’re trying to tell them not to hurry to file, because at the end of the day, we still have to get it approved whether there’s retrogression or not. And I think that’s the hardest conversation that we’re having with clients right now.”
Why is the quality of the projects so important for a successful EB-5 application?
The panelists emphasized that adopting best practices can greatly reduce the risks associated with investing in EB-5 projects. They also highlighted the importance of strategic approaches to protecting investments, such as reviewing project documents and researching the developers and regional centers behind them.
David Hirson: “There are so many projects out there, and some of them are very fine. Look at them carefully. Some of them are terrible.”
Marko Issever: “We have to make sure that those projects are sound and that the investors will get what they are here for—their capital back, at least, and definitely their green card.”
Rakesh Patel: “Not every project fits every person. So, that’s where the basis of our advice is to clients before we even get into the EB5 perspective.”
Why is investing in a regional center project recommended for the EB-5 visa?
The EB-5 professionals acknowledged that investing with a regional center carries advantages such as outsourcing the management of the investment. However, they also cautioned EB-5 investors that it is important to select entities with renowned track-records and a history in EB-5.
Marko Issever: “Why do I have to invest with the regional center? Can I keep the money in my pocket? The answer is yes, you can. But with the $800,000 you will invest to create ten jobs, it is a little difficult. And a foreign investor doesn’t realize how much it costs to be successful here and, at the same time, meet the immigration requirements. So our advice for those top investors is if they have a little bit more money to do the standard regional center investment so that they can get their green card safely.”
Rakesh Patel: “Partnering with a good regional center, with the RIA [Reform and Integrity Act of 2022] rules, I think that’s helped a ton with keeping some of these bad actors out and getting rid of the ability of an individual group of investors being in a bad deal with a regional center that may not be around in a year or two.”
What are the advantages associated with the EB-5 visa program?
The panel also discussed the advantages of the EB-5 program, such as age freezing for children with concurrent filing, financing options with FDIC [Federal Deposit Insurance Corporation] protection, and the freedom of movement within the U.S. offered by the program.
Rakesh Patel: [Concurrent filing] “does freeze the age of children. So that’s what’s been the biggest advantage that we’ve seen beyond just having your interim work authorization and your travel documents. That’s given an advantage to investors and their families to the ability to stay in the US and move forward without the fear of having to leave when their H-1b is over.”
Reid Thomas: “The main banks in the EB-5 space all have products where the funds can be deployed in a way so that its deposit insurance is protected by the FDIC. And I encourage people to continue to do that.”
Marko Issever: “The whole family gets the green card, both pre- and post-RIA. No job offers or labor certifications are needed. You don’t need a sponsor. You can sponsor yourself and have the freedom to live and work anywhere in the U.S.”
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