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When could the new EB-5 reform be announced?

As we all know, the current EB-5 laws are valid until Sept. 30, 2018. By what date, or how many days before the deadline ,will the government announce new rules? Although I understand that I should apply as early as possible, I still need to do my due diligence and capital transfer, which take time. I want to be prepared.

Answers

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Unfortunately, one can not determine when changes to the EB-5 investor visa program will occur, if at all. The EB-5 program does not to be changed to continue, however. Rather, it simply must be reauthorized for another year.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear at this time. Legislation prior to the mid-term elections is unlikely and DHS has been delaying the release of new regulations. You should file I-526 petition as soon as possible prior to Sept. 30.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Government officials have stated that USCIS plans to release new regulations regarding EB-5 sometime in 2018. The date that the new regulations will be in effect has not been announced and is not clear.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We now hearing regulations may be delayed. My guess is November, December or later. Legislation prior to November mid-term elections is unlikely.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    No one knows for sure when the rules will change. It is clear that DHS has proposed new rules that may take effect as early as Aug. 30, 2018, but that date is looking unrealistic based on a recent announcement by the USCIS director. It is also clear that Congress has tried multiple times to pass EB-5 reform, but has failed each time. If you can complete preparations for your EB-5 investment in the next 60 days, you have a reasonable chance of getting the I-526 petition filed before any changes take effect.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Since it is impossible to know the future, there is no way to answer this question.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No one knows for sure. We feel reasonably sure that if you file before the law expires, you will be grandfathered in under the old law, but we cannot guarantee this, as they could make it retroactive. So try to file before Sept. 30!

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Who knows? They have talked about it for years. Another political decision not likely to be made by Congress.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    According to USCIS Director Lee Francis Cissna testimony before the Senate committee on June 19, 2018, it would be difficult for meaningful changes to occur before Sept. 30. He also opined that, "Congress should let the program expire if lawmakers don't pass legislation to overhaul the program," a view shared by several leaders of both political parties. Unfortunately, this means we do not have a clear picture of what the future holds for the EB-5 regional center program and whether it will survive past Sept. 30.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no definitive date in sight for the new laws. Advisably, keep working on your plan as fast as you can and stay in touch with your EB-5 attorney.

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    Charles Foster

    Immigration Attorney
    Answered on

    It is very difficult to know exactly when we will have information regarding the extension of the EB-5 regional center program, but without a doubt, there is the highest probability that the EB-5 program will be extended. As of this time it does not look like that there will be any EB-5 reform legislation passed prior to such date. However, there is a possibility that U.S. Citizenship and Immigration Services will finalize regulations that will make major changes in the EB-5 program, including a significant increase in the minimum investment amount, specifically as high as $1.8 million and $1.35 million for investments made in a targeted employment area (TEA). But it could come with the definition of the TEA being substantially narrowed so that many projects that were in a TEA may not be in the future.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Even if DHS announces new regulations (which, according to recent Senate hearings, they will not be prepared to do before Sept. 30), there will likely be some sort of lead time before they take effect. If one wishes to go through the EB-5 process, now is the time to do so under the current rules.

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