From USCIS, the new rule would include the following:
- Raising the minimum investment amounts from $1 million to $1.8 million, with an automatic adjustment for inflation every five years;
- Revising the standards for certain targeted employment area (TEA) designations to help ensure fair and consistent designation in achieving the goal of direct investment in areas with the greatest need.
- Clarifying USCIS procedures for the removal of conditions on permanent residence to provide greater flexibility for interview locations and to adopt the current USCIS process for issuing Green Cards.
- Allowing EB-5 petitioners to retain their priority date under certain circumstances.
The changes to the EB-5 Immigrant Investor Program are the first significant changes since 1993. The final rule will go into effect on November 21, 2019.