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What is the deadline for the current investment threshold?

What is the deadline for current EB-5 investment thresholds of $500,000 and $1 million? What document needs to be filed to lock those numbers before the deadline? If applying for a direct investment project, do investors need to have a complete business plan by Sept. 30?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The deadline has been extended to Dec. 7, 2018. However, make sure your business plan is completed as soon as possible.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    There is no deadline for the investment thresholds of $500,00 and $1 million. However, the federal law that establishes the EB-5 regional center program will expire on Sept. 30, 2018. If you want to invest $500,000 in an EB-5 project associated with a regional center, then you should move forward. Your I-526 petition for an investment of $500,000 in an EB-5 project associated with a regional center should be filed with USCIS by Sept. 30.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Sept. 30, 2018, is the current deadline, although many expect another short extension to Dec. 7 soon.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The direct EB-5 program is not affected by the sunset date of the regional center program on Sept. 30. However, investment amounts will likely change in the future. You must have a comprehensive EB-5-compliant credible business plan with your I-526 submission.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The direct EB-5 program is not affected by the Sept. 30 sunset of the RC program. The EB-5 investment amounts are likely to increase in the near future, but it is unclear when. A compliant BP must be filed with the initial Form I-526 filing.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Up to Congress. Right now it is only regional center EB-5s that expire on Sept. 30, 2018. No one knows what they will do.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no "deadline" for the minimum investment amount as yet. The provision that is sunsetting on Sept. 30 is the regional center pilot program. So if you are interested in a direct investment for EB-5, the Sept. 30 deadline has no effect.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    There is no deadline for individual private investments. But Congress could up the minimum investment at any time. No one knows exactly when this might happen. The regional center EB-5 program expires Sept. 30. Everyone expects that Congress will it extend it beyond Sept. 30.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Right now, the current program for regional center investments ends on Sept. 30. Since September of 2015, the program has received short-term "clean" extensions with no changes to the requirements. I believe it is likely we'll get another extension. If things do change, I find it unlikely that they will retroactively apply new requirements, but that is just my opinion and I cannot really know that for sure! To be safe, filing the full and complete I-526 petition with all project and source of funds supporting documents would be necessary.

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    Charles Foster

    Immigration Attorney
    Answered on

    The current deadline for making an EB-5 investment under the regional center program is Sept. 30, 2018. That is the date the program sunsets. But as a practical matter, it's almost certain that the program will be extended as part of a continuing resolution that Congress will have to pass, given the fact that they will not yet pass all of their appropriation bills by that date. In order to be locked in for certainty, you should file your EB-5 investor petition by Sept. 30. If it is a direct investment, you must have a complete set of documents, including a business plan, showing the plan for creating 10 full-time U.S. jobs. If it is a $500,000 investment, it must be evidenced that your enterprise is located in a targeted employment area as determined by the governor of your state or the designated official, among other documents.

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