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Questions and Answers > EB-5 Investments

What happens if the direct EB-5 program changes the minimum investment amount after I file a petition?

If I send my I-526 form and deposit the 500K in direct EB-5 in October 2021, and the program changes the investment amount to 900K, must I invest the difference to continue the process?

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Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No one knows yet.

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    Phuong Le

    Immigration Attorney
    Answered on

    Possible, but highly highly unlikely. The general rule is you establish eligibility at the time of filing. Right now it is $500K so unless USCIS wins the "Behring" appeal (which so far seems unlikely) or Congress passes retroactive legislation (possible, but also very unlikely), it will be $500K. In any event, your filing attorney should have already considered both scenarios and created a workaround/hedge to protect you before filing anyways.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Generally, no. The change in the investment amount would need to be made retroactive in order for such to be the case and that is not very common.

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    Robert V Cornish Jr

    Securities Attorney
    Answered on

    Likely no. At the very least, if they do that, someone will fight the applicability of such a change in court and you will have time to add to your investment.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It depends on future regulations or rulings to determine if the changes (or reversions) would be retroactive or not.