The new law extends the EB-5 Regional Center program through September 30, 2027, with changes that will impact existing and future investors. First, the minimum EB-5 investment amount will increase to $800,000 from the current $500,000 for TEA and $1.05M from the current $1M for Non-TEA for both regional center and direct EB-5 investments.
For Investors currently already filed, I-526 petitions, adjustment of status applications, and consular procedures will resume.
Going forward, for future investors:
- For targeted employment areas (TEAs) or “infrastructure projects,” the needed investment amount will increase to $800,000. The investment amount will be $1,050,000 if this is not the case.
- Gifts are still allowed, and the funds will not be restricted to family members.
- Capital investments, administrative fees, and any fees “connected” with the investment are also subject to source of funds restrictions.
- If a regional center or new commercial enterprise (NCE) closes, there is a process in place to switch projects.
- If the EB-5 program lapses in the future, grandfathering laws require USCIS to continue processing EB-5 petitions as long as they are filed by September 30, 2026.
- The bill allocates 20% of total EB-5 visa numbers to investments in rural areas, 10% to investments in high-unemployment areas, and 2% to infrastructure projects. So there will be less visa numbers for most of the popular large TEA projects and green card quota backlogs are more likely.
- In some instances, protection for dependent children who have reached the age of majority.
