How will the U.S. elections affect EB-5 applications?

The elections may lead to new senators and congressmen who may influence the vote on new EB-5 legislation.

Probably not right away. Any effects would be well down the road.

I do not think anyone has the answer to this question. It seems unlikely that the presidential election will have any direct or immediate impact on the EB-5 law, regulations, policy or processing. What will affect EB-5 is whether Congress decides to re-authorize and extend the regional center provisions of the EB-5 law or let it expire on Sept. 30, 2016. If there is a re-authorization, which seems likely either before or after Sept. 30, 2016, the extension may be with or without substantive reforms to the EB-5 law, including raising the minimum investment amount. It is unclear, but likely, that anyone who has filed their I-526 petition prior to the reforms being enacted would be grandfathered, but even that is not for certain.

The U.S. elections should definitely not affect those filed/pending EB-5 applications, and also those planning to file the EB-5 application after the elections. The only thing that may affect EB-5 applications is that the Pilot Program governing the regional center provision is due to sunset on Sept. 30, 2016 and legislation has been introduced that will have significant changes to the program, but that should not depend on the presidential election.

The U.S. election for president to be held on Nov. 8, 2016, should not affect your EB-5 petition in any significant way. First of all, you have plenty of time to have your petition filed prior to the U.S. election as well as prior to the Sept. 30, 2016 expiration of the EB-5 program. It is almost certain that Congress will reauthorize the EB-5 program as they historically periodically have since 1992. It may well be that the program could be temporarily extended for several months, which would give the new president an opportunity to impact proposed changes in the EB-5 program to improve the program and to increase the minimum dollar investment, to add integrity provisions and to change the requirements for Targeted Economic Areas (TEA). Whoever is elected should be supportive of the EB-5 program. It is somewhat likely, if not probable however, that all petitions filed under the existing law prior to any changes in the EB-5 legislation will be decided or adjudicated under the current EB-5 laws.

It really should not; the program will be continued and neither party sees it as a priority one way or the other.

The coming general election will not affect any of the EB-5 applications if you are applying at the moment. Unless any law is passed between now in July and the election in November which changes laws governing EB-5, there is no need for concern. Based on the outlook of the political climate, there is no indication that such changes of laws will occur.

It is unlikely the election will adversely affect your filings.

We expect that the regional center program may not get extended until after the election. Since it expires Sept. 30, 2016, only direct cases can be filed after Sept. 30, 2016 unless they extend.

The EB-5 program will be up for a reauthorization in the coming fiscal year. Congress will have to take action. Anything can happen if agreements are not reached.