EB-5 Investment reduced back to $500,000

Darren Silver

-On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the  then policy of requiring $900,000 for EB-5 investment.

As such, USCIS we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including:

  • No priority date retention based on an approved Form I-526;
  • The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;
  • Permitting state designations of high unemployment TEAs; and
  • Prior USCIS procedures for the removal of conditions on permanent residence.

In essence USCIS is applying the old Rules allowing for the EB-5 investment threshold of $500,000.

The EB-5 Program consist of both a temporary Regional Center Program and a permanent Direct program.

-The Regional Center Program has lapsed and is currently waiting for Congress to pass a Bill to extend. As such, USCIS is not accepting Regional Center EB-5 applications at this time.

-The Direct Program is ongoing and applications for Direct EB-5 may continue to be filed.