What would happen if the EB-5 capital quota increases when my I-526 petition is still under reviewing by USCIS? Would I have to retreat it and increase my investment to the new quota?
Answers
Reza Rahbaran
Immigration attorneysThe change will not be applied retroactively to existing cases.
Lei Jiang
Immigration attorneysIt is unlikely this will happen. Congress needs to make new laws, but by the time Congress finishes its work, your application should be approved already! (Congress is slower than USCIS).
Shahzad Q Qadri
RC CreatorsIf for some reason the capital quota increases, you will be grandfathered in, provided your application has been filed.
Bernard P Wolfsdorf
Immigration attorneysIt is unlikely congress will retroactively increase the amount of capital contribution. Generally speaking such changes only impact cases filed after the effective date of the statute.
Ed Beshara
Immigration attorneysCurrently, there is no expectation that the minimum required investment amount will be $1 million dollars. Assuming that your I-526 petition is being adjudicated with a $500,000.00 investment and during this process the minimum requirement increases to $1 million, then more likely than not, the USCIS regulations will allow you to be grandfathered in with the lower investment requirement.
Salvatore Picataggio
Immigration attorneysCurrently, there are no plans to change the current $500,000/$1 million structure of the required amount of investment. If this does happen, there would probably be some grandfather clause for pending petitions.
Fredrick W Voigtmann
Immigration attorneysIt would take a new law to make such a change (an act of Congress signed into law by the President). Most likely, such change would not be applied retroactively to existing cases.
Tammy Fox-Isicoff
Immigration attorneysNothing, it might take a little longer to get your residence because you will be in a line.
Stephen Berman
Immigration attorneysIf it changes retroactively you will have to invest more, and if not, you will not have to invest more.
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