Where is EB-5 Headed?

Assuming that we will have an administration that does not hate immigrants, we will probably see:

• The minimum investment amount increase to $800,000;
• More restrictive TEA rules;
• Audits of RCs;
• More terminations of unused RCs;
• The shift from China to other countries will continue unless USCIS grants EB-5 status to investors under 18 years old. After much research, a colleague is attempting such a case;
• Extension of the EB-5 RC program in some form:
  • If there is no consensus on the needed changes, the program may be extended on December 9, 2016 for one year; or
  • There could be a comprehensive overhaul of the program.
• The wait time for China born applicants will remain very backlogged;
• Overall, we will see more government regulation of RCs, projects, and investors.

In the years I have practiced immigration law, as a visa becomes popular, I have seen efforts to restrict its use. We saw this with H-1B visas for tech workers, L-1 visas for intra-company transferees, R-1 visas for religious workers, and so forth.

Regards,

Martin