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October 17 2016

Where is EB-5 Headed?

Where is EB-5 Headed?

Assuming that we will have an administration that does not hate immigrants, we will probably see:

  • The minimum investment amount increase to $800,000;
  • More restrictive TEA rules;
  • Audits of RCs;
  • More terminations of unused RCs;
  • The shift from China to other countries will continue unless USCIS grants EB-5 status to investors under 18 years old. After much research, a colleague is attempting such a case;
  • Extension of the EB-5 RC program in some form:
    • If there is no consensus on the needed changes, the program may be extended on December 9, 2016 for one year; or
    • There could be a comprehensive overhaul of the program.
  • The wait time for China born applicants will remain very backlogged;
  • Overall, we will see more government regulation of RCs, projects, and investors.

In the years I have practiced immigration law, as a visa becomes popular, I have seen efforts to restrict its use. We saw this with H-1B visas for tech workers, L-1 visas for intra-company transferees, R-1 visas for religious workers, and so forth.