Potential Changes to EB-5 Regulations

The EB-5 program is an investment-based option for permanent residence for individuals who are able to invest $500,000 to $1 million in a U.S. commercial enterprise which results in the creation of at least 10 full-time jobs. Should investors be able to meet these requirements, both the applicant and their qualifying family members will receive green cards.


Changes to current regulations for EB-5 investment are predicted to be announced this month with a 60-day grace period.  Proposed changes to current regulations include:


  • An increase in the investment amount to $1,800,000 or $1,350,000 for Targeted Employment Areas (TEA)
  • Shifting the authority to designate TEAs from individual states to the Department of Homeland Security (DHS)
  • Retention of priority dates such that investors with an approved I-526 could choose to file a new I-526 while keeping the original priority date
  • Allowing spouses and children to file a form I-829 and remove conditions on their green card, even if they were not previously included in the principal investor’s petition


As both processing times and minimum investment amounts will likely increase in the near future, investors should consider filing EB-5 applications as soon as possible and take advantage of current EB-5 regulations.  To further discuss potential EB-5 options, contact the Agarwal Law Group for a consultation.

10.0Pratibha Kanive Agarwal

Agarwal Law Group

4601 N. Fairfax Drive

Suite 1200

Arlington, Virginia 22203