Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

Regulation change to EB-5 will increase the minimum investment to $900,000

The EB-5 Immigrant Investor Program Modernization regulation was published in the Federal Register on July 24, 2019 and this final rule is scheduled to become effective on November 21, 2019. The most significant part of the final rule for investors is an increase to the minimum investment amount. The rule will increase the minimum investment amount in a Targeted Employment Area (“TEA”) from $500,000 to $900,000 and in a Non-TEA from $1 million to $1.8 million.

Key points of the new regulation are:

  • An increase to the minimum investment amount in a Targeted Employment Area (“TEA”) from $500,000 to $900,000 and in a Non-TEA from $1 million to $1.8 million;
  • The Department of Homeland Security / USCIS will have authority to designate TEAs;
  • The USCIS will only allow the adjacent census tracts to be used in TEA determination;
  • An investor can retain the Priority Date of an earlier-approved EB-5 Form I-526 Petition (“Petition”) for any subsequent approved EB-5 Petition under certain circumstances;
  • Cities and towns with a population of 20,000 or more and that are outside of a Metropolitan Statistical Area with high unemployment are added in the TEA designation process;
  • Sets a schedule of regularly scheduled adjustments every 5-years to both TEA and non-TEA investment amount.

The changes to the minimum investment amounts and new TEA determination rules should not apply to anyone who filed a Petition prior to November 21, 2019. While the regulation has been published, there is still a possibility that Congress might make legislative changes or that private individuals could challenge the regulations in the courts. The former does not seem likely as Congress has proven unable to have any consensus on new immigration laws and the latter might prove only a temporary postponement of the regulation.

Anyone who is considering doing EB-5 to immigrate to the United States should give serious consideration to starting the process now in order to file before November 21, 2019.

Starting on Nov. 21, people between I-526 approval and conditional permanent residence may be able to take advantage of the rule’s new priority date retention provision. (I’m still thinking about how much difference this provision can make, in practice.) Starting on Nov. 21, the I-829 process changes will affect anyone reaching the I-829 stage.

For more information, you can contact us at:

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Incoming Trump Administration Looks to Deport Migrants to Third-Party Countries

The incoming Trump administration is preparing a list of countries to which it may deport migrants if their home countries refuse to accept them, according to sources. These countries include Turks and Caicos, the Bahamas, Panama and Grenada. If implemented, it could result in thousands, if not hundreds of thousands of migrants being displaced in countries where they do not know anybody, do not speak the language nor have any connection to the culture. It also remains unclear that if deported to those third-party countries whether those newly arrived migrants would be legally allowed to work and remain in those countries. It is also unknown what kind of pressure – either economic or diplomatic – is being applied to force those countries to agree to accept certain migrants once President-elect Trump’s term begins on January 20, 2025. Migrants from Venezuela, Cuba, China, and other countries that have been reluctant to

Read more >

What is CBP Preclearance?

CBP Preclearance refers to a program operated by the U.S. Customs and Border Protection (“CBP”) that allows U.S. bound travelers to complete immigration, customs, and agriculture inspections before departing for the United States, rather than upon arrival at a U.S.  Port-of-Entry. This process occurs at designated preclearance locations outside the U.S., typically at foreign airports. Key Features of CBP Preclearance: CBP is continuously exploring opportunities to expand the preclearance program to additional international locations, aligning with its goal of improving travel efficiency while enhancing national security. For more information, contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7 Nguyen Van Huong St, Thao Dien Ward,   District 2, Thu Duc City   Ho Chi Minh City, Vietnam    Tel: +84 933 301 488   Email: info@enterlinepartners.com   Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ   YouTube: @EnterlineAndPartnersConsulting   Website: http://enterlinepartners.com    Manila, Philippines Office    LKG Tower 37th Floor  6801 Ayala Avenue   Makati City, Philippines 1226    Tel: +63

Read more >
EB-5

Philippines Ambassador to the U.S. Urges Undocumented Philippines Citizens to Leave Voluntarily

Philippines Ambassador to the United States, Jose Manuel Romualdez said it would be better for undocumented Philippines citizens to voluntarily leave the U.S. rather than be deported. Ambassador Romualdez made these comments following Donald Trump being elected as the 47th President of the United States and Trump’s appointment of Thomas Homan as the “border czar”. The Ambassador noted that while nearly 200,000 Philippines citizens who are in the U.S. illegally have started the process to obtain lawful permanent residency, a 2023 report by Migration Policy Institute lists the Philippines as the 6th largest source of illegal immigrants with a population of nearly 310,000. Enterline and Partners emphasizes that the proposed mass deportation orders will primarily apply to those in the United States illegally with criminal records awaiting deportation. For more information, contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7 Nguyen Van Huong St,

Read more >