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What will happen with the EB-5 investment amounts now after USCIS appealed the Behring Regional Center lawsuit ruling?

What will happen with the EB-5 investment amounts now? What are the chances that the amount will return to the higher amounts? What happens if I file a petition now and then the amount increases, do I have to pay more funds to get my green card?

Answers

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    Phuong Le

    Immigration Attorney
    Answered on

    In the short term, nothing as of yet. Filing a notice of appeal is not the same thing as winning on appeal. The government preserves their right to challenge but they have to actually win as well. In any event, it''s unlikely that there''s a resolution till mid-2022. And by that time, it may be moot if there''s new legislation.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The USCIS website has indicated the current amount is $1,000,000 and $500,000 if in a TEA. While I have heard there is concern that the amount may go back up if the appeal is successful, I cannot see USCIS requiring people to put in additional funds when at the time of filing they were in full compliance with the prescribed investment amount.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    All good questions with no answers.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Usually, when there are changes, they don''t apply retroactively, but whatever the ruling is will, or at least should, address this.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    The judge will decide. The judge can, but this is not likely or expected, make the ruling retroactive.