Lower EB-5 Investment Requirements – How Long Will They Last?

With the recent repeal of the 2019 EB-5 modernization regulations, minimum investment requirements have been dropped back down to $500,000. But how long will investors have to take advantage of this opportunity?

Unfortunately, Investors may only have a small window to take advantage of the lower investment requirements.

Currently the EB-5 program is set to expire on June 30 and legislative efforts to reauthorize have so far been stalled in Congress. While the program could expire on June 30, it could also be reauthorized for a short period of time.

For more information on what could happen if the program expires click here.

This leaves EB-5 investors with little time to file an I-526 petition with the lower $500,000 investment requirement, and many are already rushing to do just that. Here at EB-5 daily we’ve seen a sharp spike in website traffic, which is a sign that investors are excited about the lower $500,000 investment amount and seem to be rushing to take advantage of this sudden opportunity to obtain an EB-5 visa for a fraction of the previously prevailing $900,000 investment requirement. 

Regional Centers have also been excited by the opportunity, CMB Vice President of Project Development Matt Hogan, had this to say, “[t]he timing of the Judge’s decision to invalidate the 2019 USCIS regulatory changes has left investors with very little time to take advantage of the potential to receive an EB-5 Green Card at the $500,000 investment level. Even before the 2019 regulations came into effect, CMB’s projects were conservatively structured to qualify under the more restrictive TEA requirements. Our current projects meet the 2019 requirements and are structured to allow investors to partially fund their $900,000  investment with a down payment of $500,000 and a promissory note for the balance of the $900,000 investment. We believe this structure may provide investors the greatest flexibility in moving forward now with $500,000 funded while still preserving their immigration benefit in the event the $900,000 investment level is reinstated and required for program eligibility.

Best Practices for Potential Investors

It’s important to remember that while there is currently an opportunity to invest at only $500,000, due to the impending sunset of the Regional Center Program there are potential risks to filing an I-526 petition with a $500,000 investment. Investors who are only able to afford a $500,000 investment and file an I-526 petition with all proper documentation should be approved by USCIS, but there is always the possibility that the agency will try and reinstate the 2019 modernization regulations and seek to retroactively raise investment requirements for investors who filed after investing $500,000. 

Investors who can afford a $900,000 investment can take a more cautious approach with their investment.

Start Your EB-5 Journey today

Anyone interested in an EB-5 visa should consult with an experienced immigration attorney and see if applying now is the right option for them. The EB-5 program offers investors the incredible opportunity to gain permanent residence in America for themselves and their family much faster than other American Visas. 

The current minimum investment requirement of $500,000 may not be around for much longer, so don’t hesitate to fill out our EB-5 evaluation form, and let us help you to find out if the EB-5 program is right for you.

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