EB-5: Immigrant Investor Program
Under a new rule published by the Department of Homeland Security, several changes to the EB-5 Immaculating Investor Program will take effect on November 21, 2019.
The new rule modernizes the EB-5 program to:
• Allow certain EB-5 investors to retain the priority date.
• Increase the minimum amounts of investment required to consider inflation.
• Reform certain specific employment area designations (TEA).
• Clarify USCIS processes for the removal of conditions on permanent residence.
• Make other technical and regulatory reviews.
What You Need to Know
Retention of priority dates:
• Certain immigrant investors will retain the priority date of a prior approved EB-5 petition when they file a new petition.
• Increase in minimum investments.
• The standard minimum investment amount increases to $1.8 million (from $1 million previously) to consider inflation.
• The minimum investment in an ASD increases to $900,000 (from $500,000 previously) to consider inflation.
• Future adjustments will also be tied to inflation (by the Consumer Price Index for All Consumers in Urban Areas, or CPI-U) and occurs every 5 years.
E-2 Investors by Trade Agreement
The E-2 nonimmigrant classification allows a national of a country with a trade agreement (a country with which the United States maintains a trade and navigation treaty, or with which the United States maintains a qualified international agreement, or which has been determined to be a qualified country by law) to be admitted to the United States when it invests a substantial amount of capital in a U.S. company. Certain employees of such person or a qualified organization may also be eligible for this classification. (For dependent family members, see "Family of E-2 Treaty Investors and Employees" below).
E-1 Traders by Trade Agreement
The E-1 nonimmigrant classification allows a national of a trade agreement country (a country with which the United States maintains a trade and navigation treaty or maintains a qualified international agreement, or which has been considered a qualified country by law) to be admitted to the United States only to engage in international trade in a substantial manner on its own behalf. Certain employees of such person or a qualified organization may also be eligible for this classification. (For dependent family members, see E-1 Merchants and Employees Family below).
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