After months of uncertainty, the EB-5 Regional Center Program will be revived through passage of the EB-5 Reform and Integrity Act of 2022 as part of the overall Omnibus Spending Bill, expected to be signed by President Biden. The EB-5 Regional Center Program, which had expired on June 30, 2021, will be reauthorized through September 30, 2027 with certain changes including increases in minimum investment amounts. Specifically, the law requires a new minimum investment of $1,050,000 for standard EB-5 investments and $800,000 for investments in Targeted Employment Areas (TEAs). This is a welcome change as now USCIS will be able to continue to adjudicate pending cases and accept new Regional Center filings and consular procedures are expected to resume. Importantly, the new investment amounts will not apply to pending I-526 petitions. We are closely following announcements concerning implantation of the new law and will provide updates as the U.S. government issues policy and guidance.
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Ali Brodie is a Partner and the Co-Chair of the Immigration and EB-5 Immigrant Investor Practice Groups of Fox Rothschild LLP and has extensive experience in corporate immigration law and compliance. Based in Fox Rothschild’s Los Angeles, California and Denver, Colorado offices, Ali’s practice spans the United States and reaches Consulates worldwide. You can reach Ali at (303) 446-3854 or at firstname.lastname@example.org.