Questions and Answers > EB-5 Investments

What would happen if the EB-5 capital quota increases when my I-526 petition is still under review?

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 Attorney

  Answered on March 5, 2014

  The change will not be applied retroactively to existing cases.

• Lei Jiang

  Immigration Attorney

  Answered on December 10, 2013

  It 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 Creator

  Answered on November 19, 2013

  If for some reason the capital quota increases, you will be grandfathered in, provided your application has been filed.

• Tammy Fox-Isicoff

  Immigration Attorney

  Answered on November 4, 2013

  Nothing, it might take a little longer to get your residence because you will be in a line.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on November 4, 2013

  It 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.

• Stephen Berman

  Immigration Attorney

  Answered on November 4, 2013

  If it changes retroactively you will have to invest more, and if not, you will not have to invest more.

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 4, 2013

  Currently, 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.

• Ed Beshara

  Immigration Attorney

  Answered on November 4, 2013

  Currently, 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.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 4, 2013

  It 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.