Comment: Grace Period for New EB5 Reg

The upcoming grace period is simultaneously a threat and an opportunity.

Three points about the grace period are pertinent: Will there be a grace period? How long will the grace period be? Why is the grace period important?

1) Will there be a grace period? The grace period - or the deferred effective date - stems from the Administration Procedure Act (APA), which governs all regulations in the US. A grace period is not an option, but is a requirement for all regulations. The three exceptions to the normal and customary grace period are specified in 5 U.S. Code § 553 clauses (d)(1), (d)(2) and (d)(3). As best as we understand them, none of these three exceptions apply to this rule. So we can rest assured that the impending EB5 Reg will have a grace period.

2) How long will the grace period be? The APA states that there be a 60-day grace period for what is called a "major rule" or a 30-day grace period for all other rules. This EB5 reg is not a major rule. How do we know that? OIRA/OMB determined in the conclusion of their review on June 27th that this is not a major rule--so the 60-day grace period is out. Hence we conclude that there will be a 30-day grace period for the imminent EB5 Regulation.

3) Why is the grace period important? It is important because it is a simple proposition that every human being can instantly understand: Do you want the benefits of having a green card for your family for an investment of $500k before the end of the grace period, or would you rather get the same benefit a couple months later for the whatever higher amount like $800K to $1.3million that is specified in the rule? For those already on the cusp of making a decision about EB5 for their families, this is a no-brainer. They will come off the fence, get their act together and file their applications before the grace period ends. There may be around 25,000 people across the world who have been considering EB5 for their families during the past year or more. We expect around 4,000 of them will bite the bullet and invest at the current lower price of $500k before the grace period ends, so a huge number of 4,000 or so investments are to be expected.

One must make hay while the sun shines. We urge everyone in the industry to take this grace period seriously, and to prepare themselves to make the most of this opportunity. The industry needs to put all other plans like vacations on hold, roll up sleeves and bring in investments before we enter several months of the doldrums (post-grace period) as the market adjusts to higher investment amounts. This is the time to act.


ILW plans to conduct a dozen H1B to EB5 events in US and two dozen EB5 events in India during the 3 weeks following the publication of the regulation, and before the end of the grace period. We will honor all engagements entered into prior to the publication of the rule--but expect to be fully sold out for our capacity immediately after the publication of the rule. For more information, please call 212-545-0818 or email or click here or click here to watch the updated Youtube vedio. .

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Focus: Email Campaign to EB5 Leads

The Audience

  • We have conducted 70+ H1B to EB5 events in the US in 2018 & 2019 and have a contact list in the low-five-figures of H1B visa holders interested in EB5
  • We will send your email campaign to a randomly selected group of 5,000 email addresses
  • 98% of the people are in the contiguous 48 states in the US, 90% are Indian (with the rest Pakistani, Bangladeshi, etc.)
  • We do not offer list of attendees--only the exhibitors at the event receive attendee lists, the above list is of no-shows only

The Email Campaign

  • Your email will be sent out to 5,000 no shows
  • The email will use your creative including images; and will contain your contact information, including your phone number, your email address, and link(s) to your website. We will send you a test email for approval before sending the broadcast out
  • The from email address will be your email address so you will receive the replies directly from the recipients
  • One week after the email, we will send you basic statistics such as open rates, click rates etc.
The Cost:

  • $4,999 for one round of email to 5,000 no shows from H1B to EB5 Events
  • For more information, please call 212-545-0818 or email or click here .

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