-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.
Investors pursuing a Direct EB-5 have several options.
-You can invest in your own business /commercial enterprise, this can be a startup business or a pre-existing business that you purchase an ownership interest into.
-You can invest into a shared enterprise as a partner.
-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.
-Under the Direct EB-5 rules, an investor must comply with at least basic active management requirements.
-The Business enterprise must crate at last 10 U.S jobs.
-The Direct Program is a permanent Program. Unlike the Regional Center Program which can and does expire. The Direct Program is ongoing with no risk of the Program expiring.
-The Visa Bulletin may allow for less delays to those filing under the Direct Program. It has been shown that when the Regional Center Program is on hold, the Direct Program receives sufficient visa allocation to allow for those normally Retrogressed, such as China and Vietnam to become current.
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. Darren Silver has been involved with investment and EB-5 immigration processing for over 25 years. The Law Firm of Darren Silver & Associates has successfully filed over 4,000 EB-5 applications and has represented investors from all corners of the Globe. The Firm has assisted Regional Centers with Project materials, Individual investors with direct investment strategies and has helped those investors selecting to invest into a Regional Center Project. The Firm prides itself on an extensive knowledge base surrounding EB-5 laws and policies. Mr. Silver and the Firm have won numerous awards and continue to be recognized as one of the top Law Firms in the EB-5 area.