+1-800-997-1228
Questions and Answers > EB-5 Investments

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

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

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

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

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

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

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

  • Avatar

    Dale Schwartz

    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.

  • Avatar

    Robert V Cornish Jr

    Securities Attorney
    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.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    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.