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The D.C Circuit court judgement has overruled United States Citizenship and Immigration Services policy and has allowed for unsecured loans to be permitted for prospective EB-5 investors.

Once an EB-5 investor obtains their I-526 petition approval and subsequently their U.S. conditional green card they are considered a U.S. person. Their green card allows them access to unlock educational, job related and all other benefits associated with being a U.S. citizen. They however will not be able to vote or work for the Federal Bureau of Investigation until they receive naturalization. The conditions on the investors green card are meant to ensure that the new green card holder adheres to all the U.S. rules and regulations and the EB-5 program rules. After two years the investor can apply for removal of the conditions or their I-829 petition.

The popularity of the EB-5 immigrant investor program is not only due to the great benefits investors obtain but also because of the flexibility the program allows. The investment model is not strict on a single route of investment and this allows the prospective investor to invest in a method that they are most comfortable with. Additionally, this flexibility speaks to the nature of the program mandate to be a true investment.

Pursuant to the Immigration and Nationality Act (“INA”), immigrant investors who contribute to the economic growth of the U.S. by investing in U.S. businesses and by creating U.S. jobs qualify for a U.S. permanent visa. Under the act 10,000 visas are allocated to the EB-5 immigrant investor program every fiscal year. Under the requirements for the EB-5 program the capital investment is set at $1,800,000 for direct investment or investments in non-targeted employment areas and $900,000 to rural areas and or targeted areas of employment. 

There has been a growing interest for national expedited projects. Provided that a regional center can meet the strict criteria set by USCIS, they can get their project approved for expedited status.  This means that investors who have invested in a project with national expedited status can get their I-526 petition approved faster. While USCIS will process and expedite applications faster, it does not provide the applicant with automatic approval. USCIS will evaluate each case on its own merit and provide the appropriate feedback.

The December bulletin released by the United States Citizenship and Immigration Services (“USCIS”) reiterated the new era of a decrease in application backlog for all nationalities barring China and Vietnam.

After what has been the most challenging year for the entire world collectively the roll out of the Coronavirus (“Covid-19”) vaccine is a tremendous win. It's evidence that things can start going back to or what is to be considered our new normal. While this is victorious for everyone, what does this mean for the EB-5 program specifically?

One of the main reasons applicants invest in the U.S. is for the benefit of their children in terms of unlocking the various education benefits that the programme provides.

The requirement for the investment amount is the cornerstone of the candidates EB-5 petition. It is pivotal that investors participate in a program that not only meets all the requirements set out by The United States Citizenship and Immigration Services (“USCIS”) but  also that the project is valid and has great chances of succeeding.

Lifting the Muslim ban is the most anticipated immigration policy change the world is waiting for from the U.S. It has been a tumultuous 4 years for U.S. immigration and Joe Biden’s promise to lift the travel ban in his first 100 days in office is the steadiness we have been waiting for. It is the first change needed to indicate a move in a positive direction for the U.S.