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Proposed Changes to EB-5 Program

Recently the Department of Homeland Security proposed major changes to the EB-5 immigration investor program. One of the most notable changes includes a rule to almost triple the Program’s minimum investment threshold to $1.35 million for Targeted Employment Areas (TEA's).

The proposed changes were first announced on January 13th as a Notice of Proposed Rulemaking. Key changes being proposed to the EB-5 program include:

  • An increase in the minimum investment from $500,000 to $1.35 million in TEA
  • A stricter rule defining which project locations qualify as TEA
  • Priority Date Retention: Petitioners with approved immigrant petitions may need to file new petitions due to circumstances beyond their control. Under the proposed rule, EB-5 petitioners would be able to retain their previously approved petition priority dates, so as to avoid further delays on immigrant visa processing associated with the loss of priority date.
  • DHS proposed to update their other miscellaneous changes for clarity.

Experts urge investors interested in the EB-5 Program to move quickly before the cost of investment increases, but also note the importance of performing due diligence. FirstPathway Partners' projects continue to qualify under the new rule.

Click here to read the full EB-5 Immigrant Investor Notice of Proposed Rulemaking.

FirstPathway Partners will continue to provide updates as new information regarding the Program is released. Contact us if you have any other questions.

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