How could the travel ban impact EB-5 investors from impacted countries?

Let us hope they lift the travel ban but if not you will need to obtain a waiver and so far they have been very hard to obtain.

You will be scrutinized carefully and will need to apply for a waiver with the immigration visa.

The EB-5 investors in those affected countries are advised to check on a one-on-one basis on the most current actions by their countries. There is no general information for enforcement as individual countries are cutting separate deals and reaching agreements on the steps they need to take to comply with the U.S. government. If your petition is still at the I-526 stage, avoid any speculation as the rules in question are not remotely connected with your petition which may take years down the road before it is applicable to your petition.

The I-526 petition will not be affected; however, if the investor is planning to consular process for his/her immigrant visa from abroad and he/she is from a country that is subject to this new ban, then his/her immigrant visa processing will definitely be affected (ie., will be denied). There is a provision for a waiver, but no implementing guidelines as yet. Solutions may be to first travel to the U.S. on a nonimmigrant visa, and then adjust status in the U.S. when the time comes, since the ban does not affect the ability to obtain nonimmigrant visas at present.

The I-526 will likely continue in the adjudication process. It would be in the next step that the travel ban will impact you. It will likely require a travel ban waiver, the grant of which is at the discretion of the embassy.

If you are subject to the travel ban, and if the ban is not lifted before you apply for your immigrant visa, you likely will need a waiver. Since you are making a large investment in the United States that will create jobs, the waiver is likely to be granted as long as you do not have a criminal record or pose a security risk to the United States.

The impact is that they are subject to the ban.