After more than two and a half years, Obama-era EB-5 immigration regulations are set to be published on July 24, 2019, with an effective date 120 days after publication or Nov. 21, 2019.
What do these new regulations do? Well,
- Drastically increases investment amounts to $900,000 and $1.8 million from the current amounts of $500,000 and $1 million.
- The new TEA definitions clarify that any city or town with a population of 20,000 or more outside of a metropolitan statistical area may qualify as a TEA and substituting “contiguous” to “directly adjacent” when describing census tracts that can be added for purposes of defining a TEA (under distress criteria). In addition, DHS will make TEA designations, which eliminates the current practice of a state being able to designate certain areas as high unemployment areas.
How this will impact the future of the EB-5 Visa Program is yet to be seen, but many industry participants vehemently oppose these changes over concerns that the investment amounts are too high.
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