The EB-5 Immigrant Investor Program has long offered a clear pathway for foreign nationals to earn permanent residency in the United States. Investors make a qualifying investment in a U.S. business, help create jobs for American workers, and in return can qualify for Green Cards.
On September 19, 2025, President Donald Trump signed an executive action to create a new “Gold Card” pathway. Details and timing are still uncertain and subject to legal challenges. Although the administration previously suggested Gold Card could be an alternative to EB-5, the EB-5 program remains fully in effect under current law.
In this article, we will explain where things stand with the EB-5 visa in light of the latest developments in the U.S. immigration landscape.
Historical Context
Is EB-5 Still Active?
Why EB-5 Investors Should Not Be Worried
- Plans to Cancel the Program Would Have to Go Through Congress
- There Is Significant Support for the EB-5 Program
- Active Investors Are Protected
- The EB-5 Program Remains One-Of-Its-Kind
- Fraud Rates in the EB-5 Program Are Low
What Does This Mean for You as an EB-5 Investor?
EB5AN Can Help You Through Your Immigration Process
Historical Context
In late February, during a White House press conference, President Trump and Commerce Secretary Howard Lutnick floated a “Gold Card” concept that they said could replace EB-5. Lutnick sharply criticized the EB-5 program at the time, calling it flawed and undervalued.
After months of discussion and debate, President Trump went on to sign an executive order to establish the Gold Card program, with details pending.
Is EB-5 Still Active?
Yes. The EB-5 Immigrant Investor Program, created by Congress in 1990 to boost U.S. economic growth, is still available. It offers foreign nationals and their eligible family members (spouse and unmarried children) a direct path to U.S. Green Cards in exchange for an investment that creates at least 10 full-time jobs for U.S. workers.
Congress has repeatedly reauthorized the EB-5 Regional Center program, most recently in 2022, extending it until September 30, 2027. Given the legal protections and strong vested interests supporting EB-5, it is unlikely to be canceled anytime soon.
Why EB-5 Investors Should Not Be Worried
EB-5 investors do not need to worry because the program remains intact and no rules have changed as a result of Donald Trump’s statements or executive orders. Here are additional reasons investors should not be concerned.
1. Plans to Cancel the Program Would Have to Go Through Congress
According to Article I of the Constitution, changing or canceling immigration laws, including those of the EB-5 program, would require new legislation from Congress. In other words, the president does not have the power to end EB-5 by executive order. Moreover, amending immigration programs like EB-5 would require formal changes to existing laws such as the Immigration and Nationality Act.
Even if there were an effort to cancel EB-5, it would require months of lobbying before a bill could gain enough traction to pass through the House and Senate. Right now, there is no sign of any serious attempt in Congress to shut down the program. In fact, EB-5 has bipartisan support as large numbers of Democrats and Republicans recognize its value to the U.S. economy.
2. There Is Significant Support for the EB-5 Program
The EB-5 program remains popular with investors, developers, and many others throughout the United States since its inception in 1990. This program has consistently attracted high-net-worth individuals who have invested tens of billions of dollars into the U.S. economy. Additionally, it has created jobs for American workers, especially those in underserved areas.
The program also strengthens the U.S. economy and boosts tax revenue, indirectly helping address the national deficit. Currently, billions of dollars are invested in EB-5 projects. Many stakeholders, which include investors, developers, lawyers, and regional centers, are also major political donors. Their influence makes it unlikely that the program would be shut down without strong opposition.
3. Active Investors Are Protected
Even if the program were to be phased out or replaced, current and near-term prospective investors would still be protected. This is because the EB-5 Reform and Integrity Act (RIA) of 2022 contains a grandfathering provision.
As such, existing investors and those who invest through 2026 remain fully protected. Also, a petition filed before September 30, 2026, will be processed under the program’s current rules and is protected from future changes to the program or related legislation.
4. The EB-5 Program Remains One-Of-Its-Kind
The EB-5 program is still the only U.S. immigration category explicitly tied to job-creating investment. The Gold Card now exists by executive order, but its application start date, mechanics, screening, and procedures are still unclear.
5. Fraud Rates in the EB-5 Program Are Low
Some critics of EB-5 claim that it has problems with fraud or misuse. But data from the Government Accountability Office shows that less than 1% of EB-5 applications were fraudulent or raised national security concerns in the 2021 fiscal year. Also, between 2016 and 2021, the State Department issued only 76 EB-5 application denials related to fraud or national security, while approving over 37,000 EB-5 visas.
USCIS has recently taken steps like compliance reviews, enhanced investor screening, and additional training to further reduce the risk of fraud and misuse. So, the EB-5 program is now safer than ever for investors.
What Does This Mean for You as an EB-5 Investor?
If you are considering the EB-5 program or are already in the process, here are steps you can take to protect your investment:
- Don’t panic: Stay calm and keep working your way through the investment process if you’re already preparing to file. If you’re from a high-demand country like China or India, keep an eye on the Visa Bulletin for important information like any potential retrogression.
- Choose a trusted regional center: Work with a regional center that has a strong compliance record. Also, focus on investing in a low-risk project and don’t skip thorough due diligence.
- Speak with an immigration attorney: An experienced EB-5 lawyer can help you navigate any potential changes in policy and keep your case on track. You can also get legal clarity on EB-5 grandfathering protections and other immigration matters from them.
- File early and accurately: Submit your Form I-526E as soon as possible if you are ready. You should also familiarize yourself with how the EB-5 process works to avoid errors that will delay your application processing.
EB5AN Can Help You Through Your Immigration Process
The EB-5 program remains fully active and open to new investors. Furthermore, as explained earlier, no administration can unilaterally end the EB-5 program with little notice. At EB5AN, we understand that the U.S. immigration journey can feel overwhelming, especially when public debate raises new questions.
In our 10+ years of experience, we have guided more than 2,700 families to become Green Card holders by helping them with accurate information, reliable projects, and expert guidance. Our team closely follows legislative and policy developments so that our clients always have the most accurate and timely information.
Book a free call with us today to get clear answers to any questions you have about the EB-5 program.