When can we expect a change in the minimum investment amount for an EB-5 direct investment?

If you are planning to immigrate through the EB-5 preference based upon an investment, you should do so as soon as possible. The minimum investment amount is likely to be increased to approximately $1 million at any time and somewhat likely by December 9 or within a few weeks thereafter. This change could come about on short notice. The safest thing that anyone who is interested in immigrating on this basis could do is make all the necessary decisions and have the EB-5 Investor Petition on Form I-526 filed as soon as possible.

No one knows for sure, but most expect another temporary extension with no changes to the EB-5 requirements. Eventually, however, either Congress or USCIS itself will make changes (probably raising the minimum investment amount). You can plan for a more restrictive process for TEA designation and a minimum investment of between $800,000 and $925,000.

The truth is that nobody knows for sure if and when the investment amount will be changed. The possible change has been discussed for some time now, but nothing is certain.

There is no specific time schedule for increasing the EB-5 funding requirement. The issue has been debated but, until there is a bill passed into law by Congress and signed by the President, the issue will simply remain in a state of anticipation with no end in sight. Advisably, do not wait for an increase anytime soon, it is better to invest now or as soon as possible.

This is a really good question for which no one can give you a definitive answer. USCIS' proposed rule that increased TEA amount to $1.3 million could be noticed as a final rule at just about any time, as the comment period has been completed and they had a chance to review the comments received. However, the general consensus in the industry appears to be that it will not happen soon, as Congress is seriously discussing reform measures as well as the new investment amounts and everyone wants the legislative changes rather than just new regulation.

The current speculation is that we will get another short extension from December 8 until the end of January, during which time Congress will drop a bill, which I believe will be enacted. My understanding is the increase will be effective based on the date of enactment. To be safe, file before December 8. If that is not possible, try and file in January.

There is no way to know. If you invest before December 8 and file I-526 by that date, the current rules apply. Be sure you have TEA designation from the state where you are applying.