USCIS is Poised to Increase the EB-5 Investment Amount

By William Gresser, President EB-5 New York State, LLC

In 2015 the U.S. Congress considered several bills which would have increased the required EB-5 investment amount from the current $1 million (or $500,000 in a TEA), to as high as $2 million (or $1 million in a TEA). Although those bills did not pass, and the investment amounts remain unchanged, many people now speculate that the investment amount will go up in 2016 or early 2017. This article discusses two ways the minimum investment amount could go up: (1) with a change in the law by Congress and (2) by the promulgation of new regulations from the Department of Homeland Security (“DHS” or the “Agency”). Although predicting changes coming from Washington is nearly impossible, it is my belief that DHS will increase the minimum investment amount in late 2016, to become effective no later than early 2017, as is discussed more fully below