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What happens if I apply for EB-5 now at $500K and then USCIS increases the investment amount?

I am ready to apply for EB-5 now since the investment amount went down. What if the USCIS increases the amount to $900,000 again after I have applied, could they make it retroactive and make my application inadmissible?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Retroactive laws are almost always knocked down. Last time the program lapsed temporarily, we were allowed to file I-526s but now waiting for instructions from USCIS.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be considered “in the process of investing” per regulation. The safest method may be to invest $900K into escrow anyway, and wait on the final call before releasing all of it. At least that way, you are “invested.”

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Each Regional Center is handling this differently - some are collecting $900,000 and putting $400,000 in escrow; others are having you sign a Promissory Note for the difference. Only 2 days left if investing in a Regional Center.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    It would be highly unlikely as retroactive application of the law is generally not permitted.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I have spoken to several Regional Center executives. None of them are accepting $500,000 investments and they don’t believe that USCIS will accept them. They are likely appealing the court decision. If you file the $500,000 case now, you may lose 2 years before they reject your case and then you would have to start all over again.

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    Robert V Cornish Jr

    Securities Attorney
    Answered on

    The investment amount cannot be applied retroactively. It can only be applied in real time. So, if the number is $500K now and you invest now, you should be ok.