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EB-5 Immigrant Investor Program Modernization Final Regulation has Finished Review at the Office of Management and Budget

On June 27, 2019, the Office of Management and Budget completed review of the EB-5 Immigrant Investor Program Modernization final regulation.

The most significant proposed change for intending EB-5 investors is an increase of the minimum investment amount in a Targeted Employment Area from the current minimum investment of US$500,000 to as high as US$1.35 million. However, it has been speculated that USCIS has made some changes to the original proposed rules and the increase to the minimum investment amount following the responses from stakeholders during the period allowed for comments. The text of the final regulation has not been made public.

In order for this final regulation to become effective, it must be published in the Federal Register. There has been no announcement of when the final regulation might be published. However, once published, a final regulation generally becomes effective no less than thirty (30) days although it would be a longer time frame such as 45, 60 or more days).

 

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