I have already obtained my conditional green card through EB-5. I will be filing my I-829 petition in November to get my 10-year card. I am wondering how the new proposed increased cost for EB-5 would affect the existing applicants who have already got their I-526 application approved under the old rule. Would they be impacted or grandfathered in?
Answers
Bernard P Wolfsdorf
Immigration attorneysIt is extremely unlikely and almost not possible that any increase in the minimum investment amount could impact someone who has already landed with a conditional green card.
Lynne Feldman
Immigration attorneysWe don't know for sure, but most unlikely to be retroactive or affect previous filers.
BoBi Ahn
Immigration attorneysYou should be grandfathered in and not subject to the changes.
A Olusanjo Omoniyi
Immigration attorneysThe new changes and amount will not affect any of the petitions that are currently pending. There won't be any retroactive application.
Charles Foster
Immigration attorneysThe final EB-5 regulations that may be published at any time should not have any impact on your case, given the fact that you're already qualified for conditional lawful permanent residency. Thus, when you file your petition to remove conditions on Form I-829, it will be based upon the requirements at the time you filed your initial I-526 petition.
Salvatore Picataggio
Immigration attorneysI would assume that filed cases would be grandfathered in, but we'll see once the new rules are implemented.
Hassan Elkhalil
Immigration attorneysIf a new regulation is issued, it normally applies to new applications.
Marko Issever
EB-5 Broker DealersYou will most likely be grandfathered. To begin with, the increase has not happened yet. There is serious talk that an increase is on the horizon, but nothing is definite yet. Until the regulations become effective, we cannot say anything with certainty. That said, the expectation is that if an increase were to actually materialize, all the investors who had already submitted their I-526 petitions would be grandfathered under the old reduced amount.
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