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

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.

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.”

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.

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.

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.

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