Comment: EB-5 Regulation Countdown Begins

The EB-5 Modernization Regulation has been sent to OIRA/OMB to be published as a Final Rule. It typically takes a few months for OMB's review to be complete. The regulation contains four things 1) Massive Increase in Investment Amounts. 2) Centralized TEA designations 3) I-526 Portability 4) Technical Corrections.

Increasing EB-5 Investment amounts without a corresponding increase in the number of jobs makes the US Investment Immigration program more in line with other countries but seriously undercuts EB-5 as a job creation program. By the basic law of supply and demand, just by increasing the price of creating the same 10 jobs, less such jobs will be created. This sounds like pure job destruction. It is puzzling why this Obama era rule has moved forward especially when it is against the stated American job creation agenda of the Trump administration. At a minimum, a staggering of the increases in the investment amount, raising it in steps over time, for example, $500K, $600K, $700K and $800K spread over three years would cushion the job loss.

The EB-5 industry appears to be counting on Congress to overrule the regulation by enacting a new EB-5 statute. That strategy is misplaced. Congress is highly unlikely to take up EB-5 (which it regards as a relatively minor immigration issue) before resolving what are the major immigration issues such as DREAM. If people are hoping that publishing a bad regulation will goad Congress into providing a more palatable solution, they are playing with fire, and they will get burnt.

There will surely be a grace period, probably 45-days or 60-days, prior to the new EB-5 rule going into effect. Once the regulation is published with the grace period in black-and-white, the wolf will be howling through the world. India will rocket forward in investments with perhaps 1000-2000 investments during the grace period. Perhaps another 1000-2000 investments will materialize from other countries during the same time. ILW is conducting many events to ensure that issuers can make the most of this opportunity, please write to webmaster@ilw.com for more info, or call us at 1-212-545-0818, or get info online. Don't wait for the regulation to be finalized, make plans to cash in on the EB-5 bonanza now.

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ComingsNGoings: Immigration Event
Washington, D.C. - March 6, 2019 10:00 a.m. EST Protecting Dreamers and TPS Recipients. House Committee on the Judiciary 2141 Rayburn House Office Building Washington, DC 20515 For more info see: https://judiciary.house.gov/legislation/hearings/protecting-dreamers-and-tps-recipients


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