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EB-5 Rule Changes & Application Timing

Many people are asking me how soon they should invest in order to qualify for EB-5 immigration at the current $500,000 investment level. The Immigration Service has published new rules suggesting an increase of a minimum of $1.35 million investment and as high as $1.8 million.

The answer to the question is not clear. I am suggesting that everybody invest and file their first petition, the EB-5 526 petition, by April 28th. The Immigration Service has allowed the public until April 11th to submit comments on the new proposed rules increasing the investment amount. Those comments must be reviewed, and then the government will decide whether to change the rules, implement them, or scrap them all together.

Also, the incoming Trump administration may have a hand in crafting these rules as well, and that may cause delay. But at this time, the statute for the regional centers is set to expire on April 28th. Extension is anticipated, but we think that investing by then should be safe in order to lock in an investment amount at the $500,000 level.

It’s interesting – the comments on the proposed regulations that the government issued say that they are unsure about the impact on investment and job creation that the increased investment amount would have. This will give ammunition to those opposed to this rule to argue for change or delay. We’ll see as the comments come in and we will probably see some indication from the new administration about their view of these rules. In the meantime, we are encouraging everybody to make a decision, make a wise decision about an investment, and file their 526s by April 28th.

If you’d like help with an EB-5 case, please contact me. My email is MLawler@aboutvisas.com, or you can call 415-391-2010.