Changes to the EB5 Program in Nov/2019

In November 21, 2019, a new rule regarding the EB-5 Immigrant investor program becomes effective. This is a program where Foreigner investors can apply for a green card through an investment in the United States. The goal is to encourage both foreign funds into the U.S. and economic growth.

For several years, the main requirements were to invest at least $1000000 in a company, employing at least ten American workers, among a few other ones. In rural areas or areas with high unemployment, also designated as Targeted Employment Area (TEA), the investment threshold was $500,000.

With the new rule, both amounts increased to account for inflation. The standard minimum investment now is 1.8 million dollars and $900,000 in a targeted employment area. Future adjustments will also be tied to inflation, occurring every five years.

This is definitely the change that will impact the most foreigner investors considering the EB-5 program, but I also think it's important to point out new rules regarding TEA designations. Now the U.S. Department of Homeland Security will review and determine the designation of high-unemployment TEAs, taking this out of the hands of states and local governments.

The idea is to improve the consistency of how areas are defined in the program, which will probably also increase the level of scrutiny to get a region designated as TEA.

There are other relevant changes to the EB-5 program, but I believe those two are the most important ones for future candidates, especially the new minimum investment amount threshold. Nonetheless, below this video, I will share a link from USCIS with more information and detail about the changes.

*All this content is for informational purposes only and does not constitute legal advice. We recommend always to consult an Immigration Attorney regarding specific cases.