Official: EB-5 Is renewed Investment Threshold Increased to $800000

On March 16, 2022, President Joe Biden signed legislation reauthorizing the new EB-5 regional center program, which will be in effect through September 30, 2027, after Congress passes the EB-5 Reform and Integrity Act 2022.

Official: EB-5 is renewed, investment threshold increased to $800,000

Respected source:- EB-5 Immigrant Investor Program

Table of Contents

EB-5 INVESTOR VISA

The Program being extended to 5.5 years frees investors from waiting in limbo like before when it unfortunately lapsed. The EB-5 Reform and Integrity Act 2022 is attached to the $1.5 trillion Omnibus Spending Package and includes significant changes related to investment threshold, policies, and processing time. These updates will ensure the Program runs smoothly with investors’ full benefits guaranteed, taking effect 60 days from the day of enactment.

1. Adjust the investment threshold

For EB-5 projects in TEAs (Target Employment Areas), rural areas, or locations with high unemployment rates, the new investment threshold is $800,000. Another possible option is the government’s EB-5 project, but the Department of Homeland Security (DHS) must review it before approving it. For the standard, the threshold is $1.05 million.

Note: the amount will be adjusted for inflation every 5 years.

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2. Strictly monitor regional centers and designate TEAs

USCIS will monitor regional centers to ensure full compliance with the new Act from the beginning:

File an annual statement with the US Department of Homeland Security that includes investors’ equity, jobs, certifications, and other related information.

Require a fund administrator or independent auditor to (every 5 years)

Be audited by USCIS at least every 5 years

Pay an annual fee of $10,000 to $20,000 allocated to the Integrity Fund for USCIS enforcement activities.

TEAs follow new rules:

The US Department of Homeland Security determines TEAs, not states and governments.
Infrastructure projects must be owned by the state, which will create jobs for the government.
EB-5 applications for rural investments are prioritized for processing.

3. Continue processing existing EB-5 applications

Motions that include (1) I-526 filed and (2) I-526 and I-829 pending will resume after the new law comes into effect without being subject to new rules and a higher investment threshold.

Visas from approved I-526 petitions will be prioritized for expedited issuance.
Prospective investors must wait 60 days after the effective date to file I-526 petitions.
Bundled I-526 petitions must be sponsored by regional centers and meet the new requirements; otherwise they will not be approved.

In the event that the program expires or terminates again, grandfathering regulations require that USCIS must continue to process EB-5 applications submitted prior to September 30, 2026. Therefore, investors who have already completed this step prior to the above date may be affected. -free in any case. For applications submitted after this time, investors may seek additional guidance from legislators to avoid the risk of visa disapproval.

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4. Implement new EB-5 visa set-asides

Approximately 20% is set aside for rural investments and has USCIS processing priority. 10% is spent on TEAs with a high unemployment rate and 2% on federal, state, or local government infrastructure projects. Unused visas will be added to the quota for the next fiscal year, but will not carry over for more than 3 years.

5. Other changes

Each investment must create 10 full-time jobs, including a maximum of 9 indirect jobs (only 75% of which is counted for construction work less than 2 years old) and at least one direct job position as per USCIS.

Investors (and their families) for whom they already hold an EB-5 immigrant visa may simultaneously file I-526 and I-485 petitions (application for change of permanent resident status).

The total processing time can be reduced to 3 years compared to the previous 5-7 years; however, it may only last until Quarter 3/2022 as the number of requests could peak after that time.

Stricter regulations give investors more security, but increase costs. In addition to administrative costs and other associated fees, an additional $1,000 is required along with the I-526 application to be allocated to the EB-5 Integrity Fund to aid in USCIS monitoring and enforcement. This limits the range of available options that regional centers can offer; however, transparency is assured as the money is used correctly to provide investors with an expedited route to permanent residency.

Many foreign investors want to work and reside legally in the US. Your families, including spouses and unmarried children under the age of 21, qualify for Green Card issuance and receive all permanent residency benefits once approved. To obtain an EB-5 visa, investors must deposit a minimum of $800,000 if investing in TEA and $1.5 million if choosing other locations. The processing time is approx. 24 months.

Respected source:- EB-5 Immigrant Investor Program

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Vacated rule modernizing the EB-5 Immigrant Investor Program

On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule (PDF).

While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019.

Under the vacated rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program that went into effect Nov. 21, 2019 are no longer in effect.

The new rule modernizes the EB-5 program by:

Providing priority date retention to certain EB-5 investors;

Increasing the required minimum investment amounts to account for inflation;

Reforming certain targeted employment area (TEA) designations;

Clarifying USCIS procedures for the removal of conditions on permanent residence; and

Making other technical and conforming revisions.

What You Need to Know:

Priority date retention

Certain immigrant investors will keep the priority date of a previously approved EB-5 petition when they file a new petition.

Increased minimum investments

The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.

The minimum investment in a TEA has increased to $900,000 (from $500,000) to account for inflation.

Future adjustments will also be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) and occur every 5 years.

Targeted employment area (TEA) designations

We will now directly review and determine the designation of high-unemployment TEAs; we will no longer defer to TEA designations made by state and local governments.

Specially designated high-unemployment TEAs will now consist of a combination of census tracts that include the tract or contiguous tracts in which the new commercial enterprise is principally doing business, including any or all directly adjacent tracts.

Provided they have experienced an average unemployment rate of at least 150% of the national average unemployment rate, TEAs may now include cities and towns with a population of 20,000 or more outside of metropolitan statistical areas.

These changes will help direct investment to areas most in need and increase the consistency of how high-unemployment areas are defined in the program.

Clarified procedures for the removal of conditions on permanent residence

The new rule specifies when derivative family members (for example, a spouse and children whose immigration status comes from the status of a primary benefit petitioner) who are lawful permanent residents must independently file to remove conditions on their permanent residence;

The new rule includes flexibility in interview locations; and

The new rule updates the regulations to reflect the current process for issuing Green Cards.

EB-5 Immigrant Investor Program

ALERT: Beginning Sept. 1, 2022, we will no longer accept a single, combined fee payment when an applicant or petitioner files Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor, together with Form I-485, Application to Register Permanent Residence or Adjust Status, Form 131, Application for Travel Document, or Form I-765, Application for Employment Authorization. Petitioners may combine the fee payment for Forms I-485, I-131 and I-765. However, petitioners must send a separate fee payment for Form I-526 or Form I-526E.

If a petitioner or applicant submits a single, combined fee payment for Forms I-526 or I-526E and the other forms, we will reject the forms for improper fee payment and return the fee.

Allows investors to live anywhere in the United States through the Regional Center Pilot Program

The EB5 visa investment in US citizenship allows investors to reside anywhere in the US through the Regional Center pilot program. The Regional Center Pilot Program, established in 1992, provides funding for investments related to a Regional Center business entity. Regional center investment opens up a broader vision of job development that includes ‘indirect’ and ‘direct’ jobs.

How long does it take to get an EB-5 visa?

On average, it takes between 29.5 and 61 months to obtain an EB-5 visa, according to USCIS processing estimates. USCIS processing times for an EB-5 visa vary based on the number of applications outstanding and the number of applications submitted each year. The initial application and petition are often accepted within sixty days of the submission date, followed by a scheduled interview. For foreign investors resident in the United States who wish to change their status, the processing time for the Form I-485, Application for Permanent Residence Registration or Status Adjustment is between 7 and 29 months. For foreign investors outside the US, it takes 6-12 months for the National Visa Center and Consulate to process visa applications.

How long can you stay in the EB 5 Investor Program?

The investor can stay in the EB 5 program for two years. During the 2-year conditional stay, the investor must meet the physical presence criteria. The investor may only travel outside the United States for less than one year. An immigrant investor must obtain a re-entry permit if they have lived outside the United States for more than one year.

What is the EB-5 Investor Program Process?

The EB-5 investor visa program is designed for foreign investors who will obtain a green card for US investments by meeting the EB5 requirements. This program allows applicants to bring their spouse and children (single and minor) with them of 21) to live in the United States. To qualify for the EB5 Immigrant Investor Program, the applicant must go through the specific EB-5 Green Card process.

First, the investor must select a suitable project that meets the requirements of the EB5 Investor Visa Program. Choosing a qualifying investment is crucial, especially if the applicant is interested in having their application approved. Second, once a suitable investment has been selected, the investor must file Form I-526, known as the EB-5 petition, with USCIS. This form certifies that the investor has invested in a new business venture with a capital investment of $800,000.

Once USCIS approves the I-526 petition, the investor will be granted a conditional permanent resident permit. for two years.
However, this is different if the investor resides outside of the US or in the US Investors residing outside of the US are required to file Form DS-260 at a US embassy or consulate in the US resident investors should submit Form I-485 or Application for Conformity Status. The final step that the investor must take is to file Form I-829, which is the Request for Waiver of Conditions. When requesting the waiver of conditions, the investor must demonstrate that all EB5 requirements have been met.

EB-5 Support

This page in Simplified Chinese. (PDF, 208.25 KB)

Do you have a question about the one of the following forms under the EB-5 Program, also known as the Immigrant Investor Program?

Form I-526, Immigrant Petition by Standalone Investor;

Form I-526E, Immigrant Petition by Regional Center Investor;

Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status

Form I-924, Application for Regional Center Designation Under the Immigrant Investor Program (no longer accepted);

Form I-956, Application for Regional Center Designation;

Form I-956F, Application for Approval of an Investment in a Commercial Enterprise;

Form I-956G, Regional Center Annual Statement; or

Form I-956H, Bona Fides of Persons Involved with the Regional Center Program.

1. General Inquiries and Communications
2. We recommend you visit our EB-5 Filing Tips page before you email a question.
3. You can write to uscis.immigrantinvestorprogram@uscis.dhs.gov to:

Check the status of an EB-5 application or petition that is outside published processing times (for cases within the published processing times, visit Case Status Online);

Change the contact or attorney information on an EB-5 application or petition;

Notify USCIS within 30 days of changes, changes to a designated regional center’s address, or contact information);

Report problems with EB-5 biometrics processing;

Report that an EB-5 petition receipt notice or Application Support Center notice has not been received or contains incorrect information; or

Report any EB-5 notice or decision that appears to contain a gross error.

1. Escalation
2. After the USCIS Immigrant Investor Program Office (IPO) acknowledges your inquiry, please allow the office at least 14 calendar days to respond to your concern. If you have not received a response or are unsatisfied with the response, please:

Forward your email and the response to the USCIS.ImmigrantInvestorProgram@uscis.dhs.gov;

Add the word “ESCALATE” (in all caps) to the subject line and use the body of the email to summarize why you believe the matter needs further attention; and

Allow 21 calendar days for IPO to review and respond to your email.

1. Writing to the IPO mailbox will not suspend any deadline for you to respond to a Request for Evidence, decision, or notice, or to file an appeal or a motion to reopen or reconsider a decision. We will not respond to inquiries unrelated to the EB-5 program.
2. You may also check the status of Form I-526 or Form I-829 application by using Case Status Online.For general inquiries, contact:
3. USCIS Contact Center
   800-375-5283
   For people who are deaf, hard of hearing, or have a speech disability:
   TTY 800-767-1833
4. EB-5 Communication Protocols
5. On March 15, 2022, President Biden signed into law the EB-5 Reform and Integrity Act of 2022. Among other things, Sec. 107 of the EB-5 Reform and Integrity Act of 2022 codified many of the same restrictions from the Ethics and Integrity: Protocols for Processing of EB-5 Immigrant Investor Visa Petitions and EB-5 Regional Center Applications, Including Stakeholder Communications (PDF, 347.4 KB), which were issued by the secretary of homeland security in 2015. The act mandates that DHS employees act impartially and not give preferential treatment to any entity, organization, or individual in connection with any aspect of the EB-5 program, and — as was done under the 2015 Ethics and Integrity Protocols– certain DHS and USCIS employees must take the EB-5 Ethics and Integrity Protocols Training (PPTX, 20.21 MB).
6. The act also mandates certain channels and offices for industry stakeholders, petitioners, applicants, and seekers of benefits under the EB-5 program to use for communicating with DHS about specific EB-5 cases and about non-case-specific EB-5 concerns. (Except for communication made by applicants and petitioners pursuant to regular adjudicatory procedures.) These channels and offices are:

Email to uscis.immigrantinvestorprogram@uscis.dhs.gov;

The USCIS Contact Center;

USCIS Office of Public Engagement; and

The Office of the Citizenship and Immigration Services Ombudsman.

Do Not Send Personally Identifiable Information

We cannot guarantee secure delivery of your email. Therefore, we suggest that you do not include sensitive personally identifiable information (such as your Social Security number) in your email to us. For more information, see the USCIS Policy Manual on Privacy and Confidentiality section.

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Alert: On June 24, 2022, the U.S. District Court for the Northern District of California in Behring Regional Center LLC v. Mayorkas, et al, 3:22-cv-02487, issued a preliminary injunction enjoining USCIS “from treating as deauthorized the previously designated regional centers.” Previously designated regional centers are now able to file Form I-956F, Application for Approval of an Investment in a Commercial Enterprise. USCIS is complying with the court’s order.

Alert: We will continue to adjudicate Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We will adjudicate Form I-829 petitions associated with Form I-526, Immigrant Petition by Alien Entrepreneur, filed before March 15, 2022, under the applicable eligibility requirements in place before the enactment of the EB-5 Reform and Integrity Act of 2022, Div. BB of the Consolidated Appropriations Act, 2022 (Pub. L. No. 117-103) (Sec. 101 and 102).

Alert: We have resumed processing regional center-based Form I-526, Immigrant Petition by Alien Entrepreneur, filed on or before the sunset of the previous regional center program on June 30, 2021.

We have resumed processing regional center-based Form I-526, Immigrant Petition by Alien Entrepreneur, filed on or before the sunset of the previous regional center program on June 30, 2021. We will adjudicate all Form I-526 petitions filed before March 15, 2022, according to the applicable eligibility requirements at the time such petitions were filed (that is, the eligibility requirements in place before the enactment of the EB-5 Reform and Integrity Act of 2022, Div. BB of the Consolidated Appropriations Act, 2022 (Pub. L. No. 117-103) (Sec. 101 and 102). We will continue to process Form I-526 petitions under the visa availability approach, prioritizing those Form I-526 petitions for investors with an available visa or a visa that will be available soon.

Alert: USCIS is seeking to contact certain individuals who filed Form I-829 so we can schedule a time to collect biometrics information. Please read the following carefully to see if this notice applies to you.

USCIS is seeking to contact certain individuals who filed Form I-829 so we can schedule a time to collect biometrics information. Please read the following carefully to see if this notice applies to you.

Do you meet the following criteria (see Sections 11031-34 of Public Law 107–273 (PDF))?

• The Form I-829 petition was filed before Nov. 2, 2002;
• The Form I-829 petition was based on a Form I-526 that was approved between Jan. 1, 1995 and Aug. 31, 1998; and
• The Form I-829 petition remains pending with USCIS.

If so, please email USCIS.ImmigrantInvestorProgram@uscis.dhs.gov with subject line “Public Law 107-273 Form I-829 Petition.”

In your email to us, provide the following information:

Your legal name;

Your physical address;

Telephone number(s) where you can be reached; and

The receipt number of the Form I-829 that is pending with USCIS.

USCIS will use this information to contact you and schedule biometrics collection for your Form I-829 at a local Application Support Center.

Again, we need to contact you only if all three of the criteria listed at the top of this notice apply to you. If only one or two of the criteria apply, then we do not need to contact you.

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Alert: On March 15, President Biden signed a law that includes authority for an EB-5 Immigrant Investor Regional Center Program and various implementation effective dates for the program.

On March 15, President Biden signed a law that includes authority for an EB-5 Immigrant Investor Regional Center Program and various implementation effective dates for the program. The program will be in effect through Sept. 30, 2027. USCIS will continue to provide additional information on the EB-5 Reform and Integrity Act of 2022, including Questions and Answers related to new filings, as necessary.

Entities seeking to be designated as a regional center are required to file Form I-956, Application for Regional Center Designation.

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they:

Make the necessary investment in a commercial enterprise in the United States; and

Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

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EB-5 Visa FAQs

How many EB5 visas can the US government issue each year?

Currently there is an annual limit of 10,000 such visas with a country limit of around 700 visas. This type of visa is becoming increasingly popular among wealthy foreigners looking to move to the United States.

Can one still apply for EB 5 right now?

Yes, EB 5 is still available despite attempts to limit immigration to the US. EB 5 has been specifically exempted from any immigration bans and amendments. You can see Processing times for countries (EB-5 Immigrant Investor Program)

Do I require Tax returns & other financial documentation for EB5 filing?

Individual and corporation/partnership tax returns must be filed within the last five years in each jurisdiction. If an applicant’s tax returns show higher earnings in previous years, they must also submit tax returns for the three years with the highest income. Ideally, EB-5 tax planning should be done prior to filing and with the help of an expert.

Explore the links below:

About the EB-5 Visa Classification – Requirements for investing capital and creating jobs

EB-5 Investors – How to apply

EB-5 Immigrant Investor Regional Centers – View information about regional centers

EB-5 Resources – View EB-5 resources, such as protocols

EB-5 Support – How to contact us with questions

Respected source:- EB-5 Immigrant Investor Program