Why Trump’s Election Drives Confidence for New EB-5 Investors

Back November 27th, 2024 Kyle Behring

Behring Regional Center has demonstrated market leadership across three different Presidential tenures.  We have reached critical legal victories on behalf of the EB-5 program, have a perfect track record on repayments and approvals, and our investors have access to a former Adjudicator from the Investor Program Office who worked at USCIS Headquarters under President Trump.

What Was EB-5 Processing like in the First Trump Era?

According to Greg Sheehan, our In-House former Adjudicator at the Immigration Investor Program Office, IPO productivity reached new highs during the Trump administration.

“In 2017, the Immigrant Investor Program Office (IPO) was facing more demand than they could keep up with. The pending backlog had increased from 12,453 to 24,992 despite steady adjudication processing over the previous three years.  At that time, when Trump was President, IPO hired more officers, myself included, and the backlog was shaved down with an unsustainable pace of production.

In 2018 we processed over 15,000 Form I-526 filings. The net backlog was reduced from about 25,000 to under 15,000.  New filings from China had abated by then so we had to slow down.  Simply a question of supply and demand.”

Is IPO On Track to Meet Supply This Time Around?

We requested production from USCIS on this exact point with a Freedom of Information Act request.  As of May 29, 2024, IPO has 300 employees with 73 adjudicators and 23 economists.

According to Greg Sheehan, “In 2018 there were slightly more employees than that at peak, but there was also a backlog of almost 25,000 cases.  President Trump gets a full reset here.  Processing delays related to Covid, budget constraints, Regional Center program lapse and RIA implementation headwinds are all behind us now.  Filings are coming in at a workable pace compared to IPO’s ability.  It will be fun to watch those 73 adjudicators shift from pre-RIA to post-RIA demand, and continue to work on I-829 processing efficiency.”

In terms of the shift from Pre-RIA to Post-RIA production, according to our FOIA request – as of August 1, 2024, IPO processed 815 post-RIA I-526E Petitions in FY 2024 with 5,293 I-526E Petitions in pending status.

How Will EB-5 Look Next Year?  Any Differences?

“EB-5 is lined up to be the most stable piece of United States immigration on the table.  The elements of success are clear.  Job creation is a tangible outcome of the process, it does not cost taxpayers anything, and the program will drive economic growth to key areas.

Financial and informational systems are improving and the Government will be vigilant in their review of transactions and fraud detection.  We can expect this element of IPO to become more of a talking point moving forward.

Investors who select a great project with ongoing job creation and a law firm with a proven track record can approach EB-5 with a lot of confidence.  There is also the certainty of the RIA itself, which locks in the minimum investment for everybody who applies before March 15, 2027.”

Compared to other categories, we are seeing a flight to EB-5 quality at Behring.  Considering our history in the program, ability to stand up for investors, and deliver all of the tangible benefits that come with an EB-5 filing, the opportunity to find a safe harbor in a sea of uncertain immigration programs is now.

Schedule a Call with Behring’s Team of EB-5 Experts to Get Started Today

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