With recent media buzz around President Trump’s new proposal for the EB-5 program, many investors are understandably concerned about the future of their Green Card applications and investments. While these changes could potentially have an impact on the program, it’s essential to recognize that immigration law doesn’t change overnight, and, most importantly, no one person, not even the President, can unilaterally alter the core framework of the EB-5 program.

As EB5AN, we believe it’s time for an honest conversation about what’s happening and what investors should really be focusing on right now. The reality is that, despite the headlines, significant changes to the EB-5 program would require more than just a proposal. The legislative process is complicated, deliberate, and not driven by political whims.
Here’s what every EB-5 investor should know.

President Trump’s Proposal: What’s Really at Stake?

Let’s start with the basics. Recently, President Trump proposed changes to the EB-5 program. As with any proposed change to immigration law, it’s important to distinguish between a proposal and actual change. The President can put forward suggestions, but it’s Congress that has the final say on any modifications to immigration law. And that process takes time.

The President’s proposal, which has garnered significant media attention, suggests several modifications to the way the EB-5 program operates, including introducing the “Gold Card” visa for ultra-high-net-worth individuals. Some of these changes could affect investment requirements or alter how regional centers operate. But, even if these ideas are compelling, they are not the law yet, and they likely won’t be for a long time.

Any meaningful shift in policy, especially a policy with as much economic impact as EB-5, requires a lot more than a proposal. It demands a comprehensive review by Congress, with hearings, debates, and revisions. This is not something that happens overnight, and it certainly doesn’t happen based on one individual’s direction, even if he’s the president.

Can Trump Change the EB-5 Program by Himself?

This is a big one, and it’s something we need to address upfront: President Trump cannot unilaterally change the EB-5 program.

As much as the media may frame his proposals as potentially game-changing, it’s important to remember that, as President, he has certain powers, but he cannot rewrite immigration law by himself. Executive orders, policy changes, and administrative actions may influence the way the program operates in the short term. But when it comes to fundamental changes, like adjusting the investment threshold or altering the Green Card process, those kinds of changes require Congress to pass new legislation.

To put it simply: any meaningful change to EB-5 requires an act of Congress. This means it would need to go through a lengthy process of discussion, voting, and approval before becoming law. And there’s no indication that Congress is currently ready to make any abrupt changes to the program.

The Legislative Process: How Change Actually Happens

Let’s talk about the real process. Immigration law, particularly a program as complex and well-established as EB-5, does not change based on political rhetoric or executive directives.

When President Trump, like any sitting President, puts forward a proposal, it doesn’t mean that change is immediate. In fact, change doesn’t even happen quickly. Major shifts in U.S. immigration law require careful consideration and broad support across both parties in Congress. This means that anything related to EB-5 would have to go through committee reviews, debates, amendments, and votes before even reaching the President’s desk.

Even when Congress agrees to a proposal, it still takes time to move through the system. And only then does the President have the option to sign it into law. In short, the idea that Congress could dramatically change the EB-5 program in the immediate future is unrealistic.

The Likelihood of Drastic Changes to the EB-5 Program

With the President’s proposal making waves in the media, many potential investors are left wondering: What’s the likelihood that any of these proposed changes will actually happen?

The answer? Not likely, at least not in the immediate future.

Although Congress certainly has the power to make changes to the EB-5 program, these changes would not occur quickly. As we’ve pointed out, the process of passing a new law is lengthy and complex. Moreover, there are far too many stakeholders invested in the program for any major reform to happen without significant opposition or negotiation.

Let’s take a step back and look at the bigger picture. The EB-5 program has been a critical source of foreign investment into the U.S. economy for years. It brings billions of dollars into job-creating businesses across the country. Any drastic changes to the program would likely have wide-reaching consequences.

For example, the potential impact on job creation, local economies, and the developers who rely on EB-5 funding would make any sudden changes contentious. Both political parties recognize the economic value of the program, which is why we believe it’s highly unlikely that Congress would push through any reforms that could destabilize the program or cut off a vital source of capital.

What About the Program’s Expiration Date?

Another concern that has been raised is the possibility of Congress deciding to move up the program’s expiration date or even ending the program altogether. It’s true that, in 2027, the EB-5 program will need to be reauthorized. But again, the idea that this could happen suddenly, without ample time for investors to react, is highly unlikely.

It’s also worth noting that Congress would likely offer a long transition period to allow for current investors to complete their applications and for developers to wrap up projects if the program’s terms were ever significantly altered. This kind of shift would not occur with no warning.

What Should Investors Be Doing Now?

If you’re an EB-5 investor or thinking about becoming one, now is the time to focus on what matters: the long-term viability of the program.

Here’s the reality: any changes to the EB-5 program will take time and any changes that do occur will likely be gradual. The media may hype up the possibility of drastic changes, but legislation isn’t written in a day.

So, don’t let the headlines rattle you. The EB-5 program remains a solid path to obtaining a U.S. Green Card, and any potential changes will likely come with plenty of notice.

If you’re currently in the process of applying for an EB-5 visa, or you’re looking into it, the best thing you can do is stay informed. Continue working with trusted advisors who can keep you updated on the latest developments and help you navigate any potential changes in the future.

The Bottom Line

In the world of immigration law, change takes time. President Trump’s recent proposal is just that, a proposal. The path from proposal to law is long and complex, and it involves far more than just the President’s wishes. Congress holds the key to any significant changes to the EB-5 program, and the likelihood of an immediate overhaul is low.

As investors, your focus should remain on the stability of the EB-5 program and your long-term goals. While the political landscape may shift, the fundamental value of the EB-5 program remains strong. You will have time to respond to any changes as they occur, and your Green Card goals are still very much within reach.