EB-5 Immigrant Investor Program: Updates, Extensions, and What They Mean for You
At Green Card Link, its immigration attorneys closely follow every development in U.S. immigration law to ensure immigrant investors are fully informed about opportunities and potential changes. One such area that continues to generate significant attention is the EB-5 immigrant investor program.
On February 15, 2019, President Trump signed the Consolidated Appropriations Act to avoid another government shutdown. Attached to this legislation was the EB-5 extension provision, officially continuing the program until September 30, 2019. This extension confirmed that the existing EB-5 rules would remain in effect—including investment thresholds and job creation requirements—without immediate regulatory changes.
Current EB-5 Requirements Remain in Effect
The extension preserves the existing structure of the EB-5 program. This means:
- Investment Thresholds: $500,000 for projects located in a Targeted Employment Area (TEA) and $1,000,000 for all other locations.
- Job Creation Requirement: Each investment must create or preserve at least 10 full-time jobs for U.S. workers.
For immigrant investors, this continuity provides short-term stability, but it also underscores ongoing debates over the program’s future.
What the EB-5 Extension Means for Investors
The extension brought mixed reactions among investors. On one hand, the continuation allows foreign investors another opportunity to obtain U.S. permanent residency through EB-5. On the other hand, the program’s history of temporary extensions raises concerns about long-term stability. In the past year alone, multiple short-term renewals created uncertainty for applicants.
Additional scrutiny has also impacted the program. For instance, allegations of misuse connected to the former president’s son-in-law, Jared Kushner, and his family heightened political tensions. Reports suggested investment funds were being tied to their real estate business, drawing criticism and triggering tighter oversight—especially after Kushner’s sister referenced his role in marketing EB-5 investments abroad.
Beyond political controversies, visa backlogs remain a major challenge. Where EB-5 processing once took six to eight months, applicants are now waiting two to three years for approvals. Even after filing Form I-526, investors often face long delays before their petitions are even reviewed. These challenges contribute to concerns about whether EB-5 will become a permanent fixture of U.S. immigration law.
What the EB-5 Extension Means for Investors
Since launching in 1990, EB-5 has undergone multiple amendments. In January 2017, the Department of Homeland Security (DHS) issued an Advance Notice of Proposed Rulemaking (ANPRM) to consider reforms. Three areas were highlighted:
- Priority Date Retention
DHS proposed allowing EB-5 investors to keep the priority date from an approved I-526 petition, even if circumstances beyond their control (such as the termination of a regional center) forced a refile. This change would protect applicants from losing their place in line due to events outside their influence. - Increased Minimum Investment Amounts
DHS suggested raising the minimum investments from $500,000/$1,000,000 to $1,350,000/$1,800,000 to account for inflation and reflect the true value of capital contributions. - Revised TEA Designation Rules The proposal aimed to redefine Targeted Employment Areas by including towns and cities with populations over 20,000, expanding the definition of “high unemployment areas.”
Public comments strongly supported priority date retention but largely opposed the steep increase in investment amounts and the new TEA rules. While DHS has been relatively quiet since, indications suggest federal agencies are working toward finalizing reforms.
Should You File an EB-5 Petition Now?
Understandably, prospective investors are cautious. Concerns about rising minimum investment amounts make timing crucial. With the extension in effect, the program is stable for the moment, providing a valuable window for filing.
Submitting your EB-5 petition now ensures it will be reviewed under current rules—even if USCIS processes it after September 30. For investors, this is an opportunity to secure permanent residency before stricter, more expensive requirements take effect.
EB-5 Green Card Renewals and Removing Conditions
Conditional Two-Year Green Cards
EB-5 investors who receive conditional residency must file Form I-829, Petition by Entrepreneur to Remove Conditions, within 90 days before their card expires. This step proves compliance with EB-5 requirements, including:
- Meeting the investment threshold and proving the lawful source of funds.
- Creating at least 10 qualifying U.S. jobs.
- Demonstrating that the investment continues to benefit the U.S. economy.
Successful approval results in a permanent 10-year green card.
Unconditional Ten-Year Green Cards
Holders of permanent EB-5 green cards must renew every 10 years by filing Form I-90, Application to Replace Permanent Resident Card. Unless there are issues such as criminal activity, the renewal process is typically straightforward.
EB-5 Renewal Fees
- I-829 Petition (2-Year Conditional Green Card): $3,750 filing fee + $85 biometrics = $3,835 total.
- I-90 Renewal (10-Year Green Card): $455 filing fee + $85 biometrics = $540 total.
How Green Card Link Can Help
The EB-5 investor visa remains one of the most complex U.S. immigration categories. At Green Card Link, its immigration attorneys have guided countless investors through the EB-5 process, from I-526 petitions to conditional green card removals and renewals. With deep experience and a proven track record, the immigration attorneys at Green Card Link are prepared to provide personalized, efficient, and reliable support for your EB-5 journey.