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Congress Reauthorizes EB-5 Program, Increases Investment Requirement


Congress has reauthorized the EB-5 Regional Center Program through Fiscal Year 2027, but new applicants are required to meet an elevated minimum investment requirement to qualify.

The EB-5 visa is an employment-based immigrant visa program that provided a way for foreign nationals to get green cards as long as they invested a certain amount of money in a U.S.-based business and employ at least 10 U.S. citizens. If the business is to be located in a part of the country in need of economic development – a “targeted employment area” (TEA) – the investment requirement is reduced.

Congress’ action increased the EB-5 investment requirement by a relatively modest $50,000 for a total requirement of $1.05 million. If an EB-5 applicant seeks to establish a company in a TEA, the investment requirement is now $800,000 – a considerable increase from the previous $500,000 requirement.

These new requirements are in effect through Jan. 1, 2027, and any future increases for standard EB-5 investments are to be based on increases to the Consumer Price Index. Future increases for TEA investments will be increased by no less than 60% of the standard investment minimum.

Do You Have a Pending EB-5 Filing?

Until March 15, 2022, the EB-5 Regional Center Program had been suspended since June 30, 2021, when its congressional authorization expired. The new law passed by Congress to revive the program permits U.S. Citizenship and Immigration Services (USCIS) to continue processing EB-5 visa applications that were pending when the program expired. The new law also provides that no petition can be denied because the program previously expired.

Allocation of EB-5 Visas

Approximately 10,000 EB-5 visas are issued to immigrant investors on an annual basis. Nearly 32% of these visas are reserved for specific kinds of EB-5 projects, such as foreign nationals who invest in rural areas of the U.S. (20%), foreign nationals investing in high unemployment areas (10%), and foreign nationals who invest in certain infrastructure projected administered by a government entity (2%).

Do You Need Help with an EB-5 Visa?

If you intend to apply for an EB-5 Visa, intend to do so, or have a case pending due to the program’s prior suspension, our attorneys at Mathur Law Offices, P.C. can provide the legal support you need. We can help EB-5 visa applicants address any questions or complications they encounter with their immigrant investment visa experience.

For more information about how we can help, call Mathur Law Offices, P.C. at (888) 867-5191 or book a consultation now.