The EB-5 Minimum Investment requirement in a qualifying area will remain at $500,000 for the time being. Earlier this month USCIS filed an unopposed motion to voluntarily dismiss its own appeal of an earlier ruling in Behring -v-Mayorkas, which had returned (from $900K) the minimum TEA investment requirement to $500,000. Following this, unless USCIS or Congress takes further affirmative action to raise the minimum amount, the minimum EB-5 investment requirement in a TEA area will likely remain at $500,000 until further action. This latest action provides potential investors with an opportunity to make EB-5 investments at the lower requirement.
Although the EB-5 Regional Center Program Remains suspended, USCIS continues to accept I-526 filings based on EB-5 Direct investments.
EB-5 Immigrant Investor Regional Center Program Remains Suspended
Unlike the Direct EB-5 investment option, which remains effective as of date, investment through the EB-5 Regional Center Program, which had sunset on June 30, 2021, still remains suspended. Though there is chatter of the program being reauthorized by Congress in February, the program’s fate still remains unclear. Direct EB-5 investment currently remains the primary option for individuals seeking U.S. permanent residency through investment.
D&A attorneys and staff are well versed in and possess extensive experience with regard to all types of EB-5 investment based permanent residency strategies. Please feel free to contact us or your existing legal professional to discuss any questions you may have regarding EB-5 or related immigration matters.
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