EB-5 Visa Program Up and Running Again

The EB-5 Visa program is currently the only visa program that allows foreign investors to obtain permanent residency (a green card) in the United States. Investors may qualify for EB-5 classification by investing a minimum of $1 million or $500,000 if the investment is in a high unemployment area. These investments can be processed through Regional Centers. A Regional Center is an organization promoting economic growth regionally under the supervision of the USCIS. The Regional Center Program is a key component of the EB-5 process as the vast majority of investment funding is pipelined into Regional Center Program Projects.??

In June 2021, the USCIS announced an indefinite hold on the processing of investments. The Regional Center Program expired and was not renewed. This left many investors in a processing limbo and kept many prospective investors from applying.?

Now, through the EB-5 Reform and Integrity Act (RIA), signed into law in March 2022, the Regional Center Program is up and running again, with some changes. One key change is the increase in the minimum investment amount to $1,050,000 or $800,000 if the investment is in a high unemployment area. While this change does not necessarily benefit investors, the RIA does now allow the investor to adjust their status to remain in the United States while applying for an EB-5.

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