-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 EB-5 Investment based immigration Program is designed for those investors with sufficient resources to petition themselves and their families for Permanent Residency.
The U.S Government has consistently supported the EB-5 program in its ability to add to the U.S economy both financially and in terms of job creation.
The Law Firm of Darren Silver & Associates, LLP is your premiere Resource for Filing Investment based Permanent Residency. Our Attorneys are highly skilled in assisting investors with the complexities that surround the EB-5 Green Card process. The Firms has successfully filed over one thousand five hundred EB-5 Green Card applications.
The EB-5 program is divided into two major areas:
(1) Direct/Individual EB-5 and (2) Regional Center EB-5.
Under the Direct or Individual EB-5 approach the Investor:
- Must Create or Purchase a Business enterprise in the U.S
- The Business can be new or pre-existing
- The Investment must be at least $1.8 million or $900,000 in a qualifying location.
- Generally, Non-Passive, Investor must manage the Business.
- Generally, the Investment must create at least 10 new U.S jobs.
- A Conditional Green Card will be issued to the investor, spouse and children Under 21.
While the most common approach to the Direct EB-5 is where an individual investor either starts or purchases his or her own business. That investor with the correct investment threshold and job creation can look towards applying for a Green Card under the Direct Program.
There has been a rise in processing Direct EB-5 applications for larger, “pooled – investment” Projects. As with Regional Center Projects, multiple investors may pool investment resources into a single Direct Project. There is no requirement of majority ownership for EB-5 purposes.
The most significant difference between a Pooled Direct Investment Project and a Regional Center Project lies with the Job Creation requirements. With a Direct EB-5 Project, the USCIS will require the creation of 10 new direct jobs to be allocated to each investor. In contrast, under the Regional Center rules, USCIS will allow both direct and indirect jobs to be counted as part of the job creation requirement.
For more details and for the latest relevant information, please contact our Office. We will be happy to discuss your EB-5 needs with you.