DHS’s Rule to Modernize the EB-5 Immigrant Investor Program
The Department of Homeland Security (DHS) proposed to amend its regulation governing the employment-based EB-5 immigrant investor classification. The EB-5 program is for individuals making investments in a commercial enterprise in the United States or have in certain circumstances created or preserved 10 permanent full-time jobs for qualified U.S. workers. The program allows such individuals to claim eligibility to apply for lawful permanent residence if they meet such standards. The proposals DHS offers include: raising the minimum investor amount; allowing certain EB-5 petitioners to retain their original priority date; changing the designation process for targeted employment areas; and other miscellaneous changes to filing and interview processes.
DHS understands that such changes such as the raising of the minimum investor amount may deter investors participating in the EB-5 program but expect a potential increase in the total economic benefits of U.S. investments under the program. DHS expects the Final Action Rule to be published by February 2018.