What happens if I file my EB-5 petition with the $500K amount and then the amount increases before my I-526 petition is adjudicated? - EB5Investors.com

What happens if I file my EB-5 petition with the $500K amount and then the amount increases before my I-526 petition is adjudicated?

What if the $500K amount changes back to $900K before my EB-5 visa is adjudicated? Will I have to pay the rest or is it considered done by the time of filing?

Answers

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It depends on the final ruling, but ideally, they would apply the rules in place at the time of filing.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It depends on the new program rules and what you signed with the Regional Center.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

Ordinarily, the amount due at the time of filing will be honored. The rule in the US is the government cannot retroactively change the amount after filing.

Robert V Cornish Jr

Robert V Cornish Jr

Securities Attorneys
Answered on

If you invest while the 500k number is in effect, then you should be fine. Raising the amount on existing investors who already invested would be something called an "ex post facto" law that would more likely than not be struck down by a federal court in the United States.

Dale Schwartz

Dale Schwartz

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Most EB-5 lawyers agree that if you filed your case before the amount went up, you will be approved at the $500,000 amount.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If the law changes, it is unlikely that it will change retroactively.

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