EB-5 Program Changes: Minimum Investment Amounts Increased

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published final rules making significant changes to the EB-5 investment based green card program. These changes became effective on November 21, 2019.

Key Changes Under the Final Rule

"New developments under the final rule include:
• Raising the minimum investment amounts;
• Revising the standards for certain targeted employment area (TEA) designations;
• Giving the agency responsibility for directly managing TEA designations;
• Clarifying USCIS procedures for the removal of conditions on permanent residence; and
• Allowing EB-5 petitioners to retain their priority date under certain circumstances."

— USCIS website

Raised Minimum Investment Amounts

As of November 21, 2019, the minimum investment amounts increased as follows:

• Direct Investment cases: from $1 million to $1.8 million
• TEA Regional Center program: from $500,000 to $900,000

The final rule also provides that the minimum investment amounts will automatically adjust for inflation every five years.

Priority Date Retention

The final rule also offers greater flexibility to immigrant investors who have a previously approved EB-5 immigrant petition. When they need to file a new EB-5 petition, they generally now will be able to retain the priority date of the previously approved petition, subject to certain exceptions.