The line in the Sand [Again!] For the New EB-5 Rules

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Yesterday, the Department of Homeland Security published in the Federal Register a new final action date for the long await, long feared, long bemoaned and long postponed rule to increase the minimum investment amount for the EB-5 program, fix targeted employment areas, and other things.

See this link: New EB-5 Regulation Raising Investment Amount And Making TEA Changes Set For August 2018 In OMB Spring 2018 Unified Agenda

This is actually the third final notice date. It raises the question of whether they understand what ‘final’ means. That aside, it seems now August 2017 is the date. Or is it?

The first date was April, which was accelerated to February. That was postponed (without publication) supposedly to give the legislative process another chance to contort itself into something that no one in the industry could really support.

So why August? Was this a gift to the EB-5 community giving 90+ days notice of getting the final feeding frenzy underway before the good times are gone for good? Or was the timing intentional. The regional center program authorization expires on September 30th. Maybe, USCIS, is drawing a line in the sand, far enough out, so that people have time to rally behind a reasonable legislative reform compromise before the curtain falls. If not, maybe the industry should take it as a rallying (or wake up) call.

For risk adverse investors, don’t wait. The rule can be accelerated again. For the industry, be reasonable. Things like a $50,000 difference between TEA and non-TEA based investments makes a mockery of the policy provide fundraising advantage for economically distressed urban and rural areas.


About The Author

Matt Gordon Matt Gordon's career spans business operations, finance and law. Mr. Gordon is a noted expert in the EB-5 field and is an authority on structuring EB-5 investments. He is the editor of the EB-5 Book, the legal treatise on the EB-5 program and a frequent lecturer to immigration attorneys. Mr. Gordon has participated in policy events, including those hosted by the White House and Harvard University’s Kennedy School of Government.


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