Jump to content

USCIS Official Announcement of EB-5 Modernization Final Rule


tacobell fan

Recommended Posts

07/23/2019: EB-5 Immigrant Investor Program "Modernization Final Rule" w/Effective Date of 11/21/2019

  • USCIS has completed and is scheduling to publish the "final rule" of this modernization rule tomorrow in the federal register. However, the final rule will not take effect until November 21, 2019.
  • The final rule includes some changes to the proposed rule for modernization. For instance, the Target Employment Area minimum investment amount will be current $500,000 to $900,000. In the initial proposed rule, it proposed to increase it to $1.35 million . For the inflation adjustment formula will be based on the initial minimum investment amount of $1,000,000 in 1990 rather than this final rule's increased minimum investment amount of $1,800.000.
  • For the details, please see advance copy of the final rule which will be officially published in the federal register tomorrow.
  • https://www.uscis.gov/news/news-releases/new-rulemaking-brings-significant-changes-eb-5-program
Link to comment
Share on other sites

  • Replies 37
  • Created
  • Last Reply

Top Posters In This Topic

  • tacobell fan

    8

  • Amrita

    7

  • Pumpuhaar

    7

  • Staysafebro

    3

Popular Days

Top Posters In This Topic

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will publish a final rule on July 24 that makes a number of significant changes to its EB-5 Immigrant Investor Program, marking the first significant revision of the program’s regulations since 1993. The final rule will become effective on Nov. 21, 2019.

New developments under the final rule include:

  • Raising the minimum investment amounts;
  • Revising the standards for certain targeted employment area (TEA) designations;
  • Giving the agency responsibility for directly managing TEA designations;
  • Clarifying USCIS procedures for the removal of conditions on permanent residence; and
  • Allowing EB-5 petitioners to retain their priority date under certain circumstances.

Under the EB-5 program, individuals are eligible to apply for conditional lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States and create or, in certain circumstances, preserve 10 permanent full-time jobs for qualified U.S. workers.

“Nearly 30 years ago, Congress created the EB-5 program to benefit U.S. workers, boost the economy, and aid distressed communities by providing an incentive for foreign capital investment in the United States,” said USCIS Acting Director Ken Cuccinelli. “Since its inception, the EB-5 program has drifted away from Congress’s intent. Our reforms increase the investment level to account for inflation over the past three decades and substantially restrict the possibility of gerrymandering to ensure that the reduced investment amount is reserved for rural and  high-unemployment areas most in need. This final rule strengthens the EB-5 program by returning it to its Congressional intent.”

Major changes to EB-5 in the final rule include:

  • Raising minimum investment amounts: As of the effective date of the final rule, the standard minimum investment level will increase from $1 million to $1.8 million, the first increase since 1990, to account for inflation. The rule also keeps the 50% minimum investment differential between a TEA and a non-TEA, thereby increasing the minimum investment amount in a TEA from $500,000 to $900,000. The final rule also provides that the minimum investment amounts will automatically adjust for inflation every five years.
  • TEA designation reforms: The final rule outlines changes to the EB-5 program to address gerrymandering of high-unemployment areas (which means deliberately manipulating the boundaries of an electoral constituency). Gerrymandering of such areas was typically accomplished by combining a series of census tracts to link a prosperous project location to a distressed community to obtain the qualifying average unemployment rate. As of the effective date of the final rule, DHS will eliminate a state’s ability to designate certain geographic and political subdivisions as high-unemployment areas; instead, DHS would make such designations directly based on revised requirements in the regulation limiting the composition of census tract-based TEAs. These revisions will help ensure TEA designations are done fairly and consistently, and more closely adhere to congressional intent to direct investment to areas most in need.
  • Clarifying USCIS procedures for removing conditions on permanent residence: The rule revises regulations to make clear that certain derivative family members who are lawful permanent residents must independently file to remove conditions on their permanent residence. The requirement would not apply to those family members who were included in a principal investor’s petition to remove conditions. The rule improves the adjudication process for removing conditions by providing flexibility in interview locations and to adopt the current USCIS process for issuing Green Cards.
  • Allowing EB-5 petitioners to keep their priority date: The final rule also offers greater flexibility to immigrant investors who have a previously approved EB-5 immigrant petition. When they need to file a new EB-5 petition, they generally now will be able to retain the priority date of the previously approved petition, subject to certain exceptions
Link to comment
Share on other sites

26 minutes ago, tacobell fan said:

increasing the minimum investment amount in a TEA from $500,000 to $900,000.

round figure  one million ani pettochchuga.. madhyalo bata rates enduku?

Link to comment
Share on other sites

9 minutes ago, r2d2 said:

round figure  one million ani pettochchuga.. madhyalo bata rates enduku?

50% difference between Urban versus Rural valla vachina number

Link to comment
Share on other sites

18 minutes ago, Bestguy said:

meeku  one acree ee gaa.. assembly pkkane gaa..

 

28 minutes ago, tacobell fan said:

Two acers uncle meeku

2 rich kids anamata  

1m0r5o.gif

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...