Advance Copy of EB-5 Final Rule

This final rule amends Department of Homeland Security (DHS) regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers to reflect statutory changes and modernize the EB-5 program. In general, under the EB-5 program, individuals are eligible to apply for lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States and create or, in certain circumstances, preserve 10 full-time jobs for qualified United States workers. This rule provides priority date retention to certain EB-5 investors, increases the required minimum investment amounts, reforms targeted employment area designations, and clarifies USCIS procedures for the removal of conditions on permanent residence. DHS is issuing this rule to codify existing policies and change certain aspects of the EB-5 program in need of reform. DATES: This final rule is effective November 21, 2019.

• An increase in the minimum TEA investment threshold from $500K to $900K
• An increase in the minimum non-TEA investment threshold from $1M to $1.8M
• TEA’s will now be centrally designated by DHS
• TEA’s will now only be available for projects that are located outside of MSA areas and unemployment calculations will only include “directly adjacent” census tracts to the census tract of the project – – Link here to list of MSA areas
• Effective Date: November 21, 2019 – Any I-526 petitions filed before this date will be grandfathered under the current rules and lower investment amount of $500K for TEA projects