At the end of 2021, I filed an EB5 case based on an investment of $500,000 in a regional center located in a rural area. My I-526 is still pending. Can I now make an additional $400,000 investment so that I fall under the new EB5 rural category? And would this allow me to then file my I-485, since that EB5 category is current?


No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition, if it is in a regional center project).

If you previously invested in a regional center project, one possible option is to reach out to the project representative and determine if they have investment opportunities available. If so, they may allow you to withdraw the funds and reinvest them at the $900,000 level, in order to then file a new I-526E (and a concurrent I-485 application). But, in essence, this really is just a new $900,000 investment and a new I-526E. The fact that there was a previous filing would not directly impact the new case. (14.Sep.2023)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.



Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.