EB-5 “Immigrant Investor Program Modernization”

EB-5 “Immigrant Investor Program Modernization”


On November 21, 2019, the EB-5 “Immigrant Investor Program Modernization” became effective. This is the first significant EB-5 regulatory change instituted by U.S. Citizenship and Immigration Services (USCIS) since 1993.


This final rule makes a number of significant changes to the EB-5 Immigrant Investor Program. A few of the major changes to EB-5 in the final rule include:


  • Minimum investment amounts: The normal minimum investment level will increase from $1 million to $1.8 million. The minimum investment in a Targeted Employment Area (TEA) will increase from $500,000 to $900,000.
  • EA designation reforms: TEAs based on high unemployment areas will be determined only by USCIS itself and no longer state authorities (local authorities for Texas) and must either include the single census tract or contiguous census tracts in which the job creating business will operate, or also any or all census tracts directly adjacent to such tract(s).




EB-5 demand may decrease, as many potential immigrant investors will not be able to afford the increased investment amount. However, such a decrease may be offset by a new ruling that allows for immigrant investment funds to be derived from unsecured loans.


This new ruling widening EB-5 acceptable debt arrangements will likely expand the EB-5 industry.


02 DEC 2019