NewsFlash! Rule Increasing EB5 Investment Requirements Effective 21.Nov.2019

The U.S. Department of Homeland Security (DHS) is scheduled to publish in the Federal Register a final rule related to the employment-based, fifth preference (EB5) immigrant investor program that will dramatically increase the minimum investment requirements, among other changes. The final rule will apply only to I-526 petitions filed on or after November 21, 2019.

The most notable change in the final rule is that the minimum investment amount will increase to $1.8 million for standard investments, and $900,000 for investments made in a targeted employment area (TEA). A TEA is a rural area or area of high unemployment. The final rule also adds a provision to automatically adjust the minimum investment requirements every five years based on inflation.

The final rule includes several other changes to the EB5 program. It clarifies the rules regarding priority date retention in EB5 cases, and modifies how a TEA may be designated. The final rule also clarifies the rules regarding removal of conditions for derivative family members.

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