It is still possible that the EB-5 program as it currently exists could be extended beyond September 30th either temporarily or for a more lengthy period. It is also possible (but not likely) that the program could be eliminated after September 30th. Given the uncertainty, any investor interested in using the EB-5 program should seriously consider filing the I-526 application before the current program expiration if at all possible - doing so does not guarantee that the I-526 will be processed under the current rules, but it is likely that there will be some type of grandfathering for those whose I-526 applications are received at USCIS by that date.
Democrats and republicans in the U.S. Senate are collaborating to make some big changes to the EB-5 program, which currently sunsets on September 30, 2015. For an overview of the EB-5 program as it currently exists through September 30th, click here. They are still negotiating so it is not clear what the final proposed legislation will look like, but one of the biggest changes they are proposing is that the amount that investors contribute in order to get the EB-5 will go up. Although $800,000 is the minimum amount being proposed, because the definition of a Targeted Employment Area (TEA) may become more stringent, EB-5 projects that would currently qualify for the minimum investment may no longer qualify under the new rules, which means that investors may need to contribute a higher amount ($1,200,000 is the number currently being proposed) for investment projects that are not grandfathered under the old rules or that do not meet the new TEA definition if it is adopted. Moreover, the documentation regarding source of funds that is currently required is also likely to become more cumbersome under the proposed legislation.
It is still possible that the EB-5 program as it currently exists could be extended beyond September 30th either temporarily or for a more lengthy period. It is also possible (but not likely) that the program could be eliminated after September 30th. Given the uncertainty, any investor interested in using the EB-5 program should seriously consider filing the I-526 application before the current program expiration if at all possible - doing so does not guarantee that the I-526 will be processed under the current rules, but it is likely that there will be some type of grandfathering for those whose I-526 applications are received at USCIS by that date.
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