The EB-5 immigrant investor program, when created, was intended to stimulate the U.S. economy and create jobs. In 2007, there were 11 regional centers. Today, there are 908.
The law authorizes approximately 10,000 visas per year for EB-5 investors and their spouses and children. Currently, there are over 17,000 pending I-526 petitions, not counting spouses and children.
Investors should know EB-5 program eligibility requirements. Capital must be at risk, and further deployment is only allowed in limited circumstances. If the immigrant investor is guaranteed a return, or a rate of return on all or a portion of his or her capital, then the amount of any guaranteed return is not at risk. Visit our Policy Manual here: https://www.uscis.gov/policymanual/
On May 15, 2018, USCIS rescinded previous guidance on tenant occupancy methodologies.
USCIS working to reform the EB-5 program, conducting regional center compliance reviews, and doing more site visits. We have terminated 179 noncompliant regional centers in approximately the last 17 months.
Proposed regulatory changes
The Department of Homeland Security (DHS) is considering making regulatory changes to the EB-5 Immigrant Investor Regional Center Program. Based on decades of experience operating the program, DHS has determined that program changes are needed to better reflect business realities for regional centers and EB-5 immigrant investors, to increase predictability and transparency in the adjudication process for stakeholders, to improve operational efficiency for the agency, and to enhance program integrity. DHS issued an Advance Notice of Proposed Rulemaking (ANPRM) to seek comment from all interested stakeholders on several topics, including:
(1) The process for initially designating entities as regional centers,
(2) a potential requirement for regional centers to utilize an exemplar filing process,
(3) continued participation requirements for maintaining regional center designation, and
(4) the process for terminating regional center designation. While DHS has gathered some information related to these topics, the ANPRM sought additional information that can help the Department make operational and security updates to the Regional Center Program while minimizing the impact of such changes on regional center operations and EB-5 investors. The ANPRM is organized to include requests for comment immediately following discussions of the relevant issues.
Read more: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201704&RIN=1615-AC11
