USCIS to Toughen EB-5 Standards

Posted July 24, 2019

Effective November 21, 2019, USCIS will implement tougher standards for the EB-5 Immigrant Investor program.  Among the highlights:

  • An increase from $1 million to $1.8 million as the minimum qualifying investment;
  • Eliminating states’ ability to gerrymander high-unemployment areas;
  • Requiring certain derivative family members to independently petition to remove conditions on residence; and
  • Allowing repeat EB-5 petitioners to retain their initial Priority Date.

Acting USCIS Director Ken Cuccinelli states “nearly 30 years ago, Congress created the EB-5 program to benefit U.S. workers, boost the economy, and aid distressed communities by providing an incentive for foreign capital investment in the United States.  Since its inception, the EB-5 program has drifted away from Congress’s intent.  Our reforms increase the investment level to account for inflation over the past three decades and substantially restrict the possibility of gerrymandering to ensure that the reduced investment amount is reserved for rural and  high-unemployment areas most in need.  This final rule strengthens the EB-5 program by returning it to its Congressional intent.”

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