Changes and Trends in EB-5 Investment Immigration
Is it the End of the EB-5 World as We Know it? How to Prepare for Potential Changes
EB-5 Regional Center Program reauthorized as part of Omnibus Spending Bill - After having lapsed over the summer of 2021, the EB-5 Regional Center Program (“RC Program”) was reauthorized as part of the Omnibus Spending...more
In the evening hours of March 9, the U.S. House of Representatives passed a $1.5 trillion spending bill that would fund the U.S. government through the rest of the fiscal year and provide $13.6 billion to respond to Russia’s...more
This week two major events occurred in the EB-5 investment visa program: (1) Congress failed to enact a law renewing the law authorizing regional centers and indirect investment and job creation, which expires June 30; and...more
The EB-5 Investor Visa was created by an act of Congress in 1993, and it has proved to be a critical driver in American job creation since its inception. By some estimates, the program has brought in over $20.6 billion...more
USCIS has updated its Policy Manual to retroactively "clarify" its policy on the parameters for "new commercial enterprises" (NCEs) to "redeploy" capital of EB-5 investors after the capital is returned from the original job...more
On November 21, 2019, the EB-5 "Immigrant Investor Program Modernization" became effective. This is the first significant EB-5 regulatory change instituted by U.S. Citizenship and Immigration Services (USCIS) since 1993....more
U.S. Citizenship and Immigration Services (USCIS) has made significant changes to the Immigrant Investor Program (EB-5) through their establishment of new EB-5 modernization regulations. The EB-5 program permits individuals...more
On November 5, 2019, Senators Rounds (R-SD), Graham (R-SC) and Cornyn (R-TX) introduced the Immigrant Investor Program Relief Act (S. 2778) (“Relief Act”). The Relief Act would extend the Immigrant Investor Program (known as...more
The Department of Homeland Security (DHS) has published final regulations that change some of the key features of the EB-5 Program, which makes approximately 10,000 green cards available each year for qualifying investors and...more
Seyfarth Synopsis: On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS), the immigration-benefits component of the Department of Homeland Security (DHS), published a final regulation on “EB-5 Immigrant...more
U.S. Citizenship and Immigration Services (USCIS) announced on July 23, 2019 that final regulations will be published on July 24, 2019 making a number of significant changes to the EB-5 Immigrant Investor Program effective...more
On July 23, 2019, United States Citizenship and Immigration Services’ (USCIS) regulations to update the Immigrant Investor Program were published in the Federal Register. The new EB-5 Immigrant Investor Program Modernization...more
USCIS has published its new final rule significantly changing the EB-5 Immigrant Investor Program to address concerns about fraud, abuse, and national security risks. The new regulations will become effective on November 21,...more
On September 27, 2018, the House of Representatives passed an $854 billion spending bill, H.R. 6157 - Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing...more
The United States Citizenship and Immigration Services (USCIS) oversees a program, known as the EB-5 Immigrant Investor Program (EB-5 Program), which encourages foreign entrepreneurs to invest in commercial enterprise in the...more
On March 23, 2018, Congress passed and President Trump signed the Omnibus Appropriations Act for Fiscal Year 2018 (the “Omnibus Act”), a $1.3 trillion spending bill, as federal funding and the EB-5 program were due to expire....more
Last week H.R.1625 – Consolidated Appropriations Act, 2018 was enacted. The Act includes a continuation of funding, until September 30, 2018, for the EB-5 Regional Center Program. ...more
Congress recently passed and President Trump signed a comprehensive two-year defense spending budget agreement for fiscal years 2018 and 2019 to prevent an extended federal government shutdown. The legislation also contained...more
The federal government shutdown came to an end as the House and the Senate passed a Continuing Resolution (the “CR”) which extended the Federal budget until February 8, 2018. The President signed the bill late Monday night. ...more
As expected, the House and the Senate passed a Continuing Resolution (the “CR”) last week which extended the Federal budget until January 19, 2018. It is expected that the President will sign the CR. This new short-term...more
As part of the two-week spending bill that avoids a government shutdown, the Immigrant Investor Program known as EB-5 is extended unchanged through Dec. 22. Without much buzz on Capitol Hill to suggest the imminent release of...more
On Friday, December 8, 2017, President Trump signed House Joint Resolution 123, the “Continuing Appropriations Act”, which prevented a U.S. federal government shutdown. The Act provided a short-term extension which will keep...more
On September 8, President Trump signed into law H.R. 601 which will keep the U.S. federal government open through December 8, 2017. As a result, the EB-5 Regional Center Program is now extended until such date without any...more
In September, as part of federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 8, 2017. The Program has been similarly extended, with no change in policy, on multiple...more
One of the more popular topics among EB-5 project owners and practitioners in recent years is the requirement that investors' funds remain "at risk" as a bona fide "investment." Complications arise regarding maintenance of...more