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May 9 2016

USCIS Raising the EB-5 Investment Amount to $800,000

Again, the USCIS sent a signal that it is in the process of raising the EB-5 investment to $800,000 (or more) by issuing a new regulation.

In an email today to EB-5 stakeholders, the USCIS said the following:

[W]e are seeking individual stakeholder feedback on potential EB-5 regulatory and policy changes… on the …topics listed below until May 11, 2016.

As mentioned at the EB-5 listening session on April 25, USCIS is considering potential EB-5 regulatory and policy changes and we want to hear from you, our stakeholders. …Specifically, we would like to hear your individual thoughts on the following …Minimum investment amounts….

As you may know, minimum investment amounts have remained constant since 1991.  We would like your feedback on whether these amounts ($1 million or $500,000) should increase and, if so, the methodology and process by which you believe an increase would be most effective.

It appears, but it is not certain, the USCIS will raise the investment amount before Congress enacts an extension of the EB-5 Regional Center statute set to expire September 30, 2016 (the statute has been extended many times).

It takes time to prepare cases and thus we are encouraging all investors interested in pursuing an EB-5 green card to begin researching investments, documenting the source of funds, and filing their I-526 petitions under the existing rules.