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Increased Investment Required for EB-5 Program Effective November 21, 2019

U.S. Citizenship and Immigration Services (USCIS) announced significant changes to the EB-5 Immigrant Investor Program that provides permanent residence status with investment in a U.S. commercial enterprise that creates or, in certain circumstances, preserves 10 full time U.S. jobs. Applications submitted prior to the November 21, 2019 effective date will be processed under current EB-5 regulations. EB-5 changes effective on November 21, 2019 include:

  • Increased minimum investment amounts:

    • Standard investment increase from $1 million to $1.8 million

    • Targeted Employment Area investment increase from $500,000 to $900,000

  • Revised standards for Targeted Employment Area designations

  • Department of Homeland Security (DHS) authority to designate high unemployment Targeted Employment Areas

  • Priority date retention allowing use of earliest EB-5 qualifying priority date

© 2021 Varnum LLPNational Law Review, Volume IX, Number 207



About this Author

Kimberly A. Clarke, Varnum, Immigration Lawyer

Kim focuses her practice on immigration matters, including nonimmigrant petitions, both employment- and family-based permanent residence applications, expatriation and foreign visa issues. She has developed a strong background in the area of worker verification issues and managed clients through internal and agency Form I-9 audits, USICE compliance investigations and civil criminal charges.

In addition, Kim maintains a specialty practice of consultation with agricultural clients and handles various agricultural labor and employment issues such as compliance with...

Yvonne Kupfermann Employment Lawyer Varnum Law Firm Grand Rapids

Yvonne focuses her practice primarily on employment and family-based immigration in addition to general corporate matters. She assists clients with employment and family-based permanent residence petitions, including the labor certification process, visas for extraordinary ability, and multinational managers and executives petitions. She focuses on visa processing, waivers, DACA and citizenship matters. Additionally, she has experience in general corporate matters, including LLC formation.

Nina A. Thekdi, immigration lawyer, Varnum

Nina focuses her practice on business and family-based immigration matters.  Her experience encompasses nonimmigrant visa petitions including H-1B visas, L-1A and L-1B visas, TN visas under the NAFTA treaty, and O-1 visas. She also assists clients with employment-based permanent residence petitions including the labor certifications process, EB-1 extraordinary ability, EB-1 outstanding professor and researchers and EB-1 multinational managers and executives petitions; family-based permanent residence applications; naturalization applications; and foreign visa issues.   ...