EB-5 Immigrant Investor Program Updates
The EB-5 Immigrant Investor Program, designed to provide U.S. green cards to foreign investors, has recently undergone regulatory changes. On June 22, 2021, the U.S. District Court for the Northern District of California vacated the EB-5 Program Modernization Final Rule. As a result, USCIS is applying the EB-5 regulations that were in effect prior to November 2019.
Several changes implemented in 2019 under the Trump administration are no longer in effect, including:
- Priority date retention for certain EB-5 investors
- Increased minimum investment amounts to account for inflation
- Revisions to targeted employment area (TEA) designations
- Clarified procedures for removing conditions on permanent residence
- Other technical and procedural revisions
Priority Date Retention
Certain immigrant investors are allowed to retain the priority date from a previously approved EB-5 petition when filing a new petition. This ensures that your earlier investment effort continues to be recognized in your new application.
Increased Minimum Investment Amounts
- Standard EB-5 investment: $1.8 million (previously $1 million)
- Targeted Employment Area (TEA) investment: $900,000 (previously $500,000)
- Future adjustments will be tied to inflation (CPI-U) and updated every five years
Targeted Employment Area (TEA) Designations
USCIS now directly reviews and determines TEA designations rather than deferring to state or local authorities. Key points:
- High-unemployment TEAs are defined as census tracts where the new commercial enterprise primarily operates, plus contiguous tracts.
- TEAs can include cities or towns with populations of 20,000 or more outside metropolitan areas, provided the area’s unemployment rate is at least 150% of the national average.
- These changes ensure that EB-5 investments target areas that need economic growth while standardizing TEA definitions.
Removal of Conditions on Permanent Residence
The updated guidance clarifies:
- When derivative family members (spouses or children) must independently file to remove conditions on their permanent residence
- Flexibility in interview locations
- Updated procedures for issuing green cards
Why Work With an EB-5 Attorney?
Navigating the EB-5 program can be complex. As your legal representatives, we help create a clear roadmap for your investor visa, managing every step from start to finish. Our services include:
- Evaluating and documenting the lawful source of funds
- Assisting with equity investments in regional center projects
- Tracing and documenting the flow of funds to the project
- Preparing and filing the I-526 petition
- Preparing conditional immigrant visa applications or adjustment of status to conditional permanent residence
- Ensuring all EB-5 eligibility requirements are met
- Responding promptly to all USCIS questions
- Preparing and filing the I-829 petition to remove conditions on permanent residence
Our Commitment
Our experienced EB-5 attorneys work to expedite your application, minimize delays, and help you launch your U.S. business as quickly as possible. With expert guidance, you can navigate the EB-5 process with confidence and secure lawful permanent residency through investment.
Contact Us
Call our Los Angeles office today at
323-805-0445 to schedule a consultation with one of our EB-5 investor visa attorneys. We will guide you through every step of the process to ensure your investment and immigration goals are successfully achieved.