The Department of Homeland Security (DHS) has published final
regulations that change some of the key features of the EB-5
Program, which makes approximately 10,000 green cards available
each year for qualifying investors and their family members. When
the final rule takes effect on November 21, 2019, the regulations
will create broad, sweeping changes to the EB-5 Program.
While certain changes are clear-cut, such as the increase in
required investment amounts, others create notable uncertainty for
investors and regional centers — organizations designated by
the federal government to sponsor capital investment projects for
EB-5 investments. Revisions to the regulations that raise issues
include those relating to how investors can retain priority dates
from earlier-filed EB-5 petitions, and the impact that giving the
DHS control over making Targeted Employment Area (TEA) designations
for investments may have on the EB-5 market.
