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DHS/USCIS RIN: 1615-AC07 Publication ID: Spring 2018
Title: EB-5 Immigrant Investor Program Modernization

In January 2017, the Department of Homeland Security (DHS) proposed to amend its regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification. 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 permanent full-time jobs for qualified U.S. workers. This rule sought public comment on a number of proposed changes to the EB-5 program regulations. Such proposed changes included: raising the minimum investment amount; allowing certain EB-5 petitioners to retain their original priority date; changing the designation process for targeted employment areas; and other miscellaneous changes to filing and interview processes.

Agency: Department of Homeland Security(DHS) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
EO 13771 Designation: Other
CFR Citation: 8 CFR 204.6 8 CFR 216.6
Legal Authority: 8 U.S.C. 1153(b)(5)
Legal Deadline: None
Action Date FR Cite
NPRM 01/13/2017 82 FR 4738
NPRM Comment Period End 04/11/2017
Final Action 08/00/2018
Regulatory Flexibility Analysis Required: Yes Government Levels Affected: None
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: Public Comment URL:
RIN Data Printed in the FR: Yes
Related RINs: Related to 1205-AB69
Agency Contact:
Edie Pearson
Chief of Policy, Immigrant Investor Program Office
Department of Homeland Security
U.S. Citizenship and Immigration Services
131 M Street NE,
Washington, DC 20529-2200
Phone:202 272-8377