EB 5 Immigrant Investor Program Changes – The National Law Review

EB 5 Immigrant Investor Program Changes – The National Law Review

The EB-5 Immigrant Investor Program has gone through significant changes in 2022 due to the enactment of the EB-5 Reform and Integrity Act (RIA).
Created in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors, the EB-5 Program provides a path to permanent residence (a “green card”) based on a qualifying investment in a commercial enterprise. Investors may qualify for EB-5 classification by investing through Regional Centers designated by USCIS. A Regional Center is an economic unit, public or private, that promotes economic growth in the United States, such as improved regional productivity, increased domestic capital investment, and job creation.
Enacted on March 15, 2022, the RIA reauthorized the expired Regional Center program through September 2027 and made substantial changes to the EB-5 Program. One key change was to the investment amounts. The usual minimum investment is now $1,050,000. An investment in a qualified Targeted Employment Area, however, requires a minimum investment of only $800,000.
Prior to the RIA, adjustment of status applications for EB-5 investors could not be concurrently filed with the EB-5 petition. With an average processing time of up to five years, EB-5 investors had a long wait before continuing to the next step of the permanent residence process. The RIA permits EB-5 investors to file adjustment of status applications concurrently with the EB-5 petition if an immigrant visa is available in the EB-5 quota. This enables EB-5 investors to remain lawfully present in the United States while pursuing permanent residence.
The RIA requires greater transparency for the EB-5 process. Under the RIA, EB-5 promoters must register with USCIS before beginning promotional activities. In addition, the EB-5 petition must provide written disclosure of all fees, ongoing interest, and compensation paid to agents, finders, or broker dealers. Although submitting a copy of the written agreement is not a requirement for the EB-5 petition, the written agreement must be made available for review if requested by USCIS.
USCIS will hold a virtual stakeholder event on the EB-5 Program on October 19, 2022. Anticipated topics in the Q&A portion of the event include long USCIS processing times and USCIS Requests for Evidence that ask for information and documents beyond the scope of the standard of proof required by immigration law, regulations, and the EB-5 Program. We will provide an update following the event.
About this Author
Christine Traversi is an associate in the Houston, Texas office of Jackson Lewis P.C. Her practice includes all aspects of employment-based immigration, and she helps client navigate the often changing and increasingly complex immigration process by delivering effective solutions. She represents companies of all sizes, from start-ups to large multinational companies, as well as investors and individuals. 
Christine has been a frequent speaker and invited participant at business and professional associations, including the…

As a woman owned company, The National Law Review is a certified member of the Women's Business Enterprise National Council

You are responsible for reading, understanding and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 
Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521  Telephone  (708) 357-3317 or toll free (877) 357-3317.  If you would ike to contact us via email please click here.


Leave a Reply

Your email address will not be published. Required fields are marked *