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What are the requirements of health insurance on EB-5 visa applicants?

According to the recently released presidential proclamation, only immigrants covered by approved health insurance or those who can show they can pay for reasonably foreseeable medical costs will be allowed to entry the U.S. Does that mean EB-5 investors need to buy U.S. health insurance prior to consular processing interview and at the time of entering the U.S. with their EB-5 immigrant visa?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based upon the fact you have invested a substantial principal sum, you also should show you have taken financial steps to purchase U.S. health insurance.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    This process is currently on hold due to litigation, but showing financial ability to pay for insurance within a reasonable time was an option.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no implementing guideline regarding this "proclamation" as yet, and the proclamation is facing legal challenges at the moment. Broadly stated, you need to show you can "afford" health insurance or be able to pay for "reasonably foreseeable medical costs." Very vague indeed.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    No. You may have to show that you have the means to buy a health insurance policy for you and your family upon arrival.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes. You are correct. According to the Presidential Proclamation dated Oct. 3, 2019, Section 1, upon 30 days of entry to the U.S. you would need to have an employer-sponsored plan, including a retiree plan, association health plan, and coverage provided by the Consolidated Omnibus Budget Reconciliation Act of 1985 or an unsubsidized health plan offered in the individual market within a state or a short-term limited duration health policy effective for a minimum of 364 days - or until the beginning of planned, extended travel outside the United States or a catastrophic plan or a family member''s plan or a medical plan under chapter 55 of title 10, United States Code, including coverage under the TRICARE program or a visitor health insurance plan that provides adequate coverage for medical care for a minimum of 364 days - or until the beginning of planned, extended travel outside the United States or a medical plan under the Medicare program; or any other health plan that provides adequate coverage for medical care as determined by the Secretary of Health and Human Services or his designee. For immigrants over the age of 18, Medicaid will no longer be viewed as an approved plan.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Not sure yet what the new rules will be on health insurance.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    On Oct. 4, 2019, President Trump issued a proclamation that, beginning Nov. 3, 2019, would restrict immigration to the United States by people who are uninsured and cannot pay the costs of their health care. The proclamation would deny entry into the U.S. if they are unable to show that they will be covered by certain insurance products within 30 days after entering the country or have the financial resources to pay out-of-pocket for "reasonably foreseeable medical expenses." "Approved" health insurance under the proclamation includes plans authorized by the Trump administration. So it appears that the purchase of a travel policy will get one past the first stage but you are likely better to try and purchase more complete health insurance.

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