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EB-5 Policy Extended with No Changes for 2017. Minimum Investment Remains $500,000

May 5th, 2017 Aaron Hammon

Hi Everyone,

EB-5 Policy has been extended until September 30, 2017 with no changes to the old policy. This is a quick note since everyone is calling the office and asking about policy updates. The minimum investment remains $500,000 for target employment areas.

PLEASE NOTE: USCIS is likely to pass new legislation before the September 30, 2017 extended date. The minimum investment may change at any time.

The Madison Park EB-5 project is still a $500,000 investment and is still open for a limited time only. Click below to revisit the project and dont forget to check out the construction progress page! Madison Park Project Page: Madison Park EB-5 Project Page Madison Park Construction Update: Madison Park Construction Update Page   Here is text from the Lucid Text Blog: https://blog.lucidtext.com/ The regional center program is currently authorized, as part of fiscal year 2016 Appropriations legislation, through April 28 (now extended to May 5, with the new funding bill proposing clean extension to September 30). I’ll update this post has I hear relevant news on reauthorization.

  • 5/4/2017:Following yesterdays’ vote in the House, the Senate has also voted to pass the omnibus appropriations bill H.R. 244 – Senate Amendments to HIRE Vets Act [Consolidated Appropriations Act, 2017]. The bill now heads to the the White House, which indicates intention to sign the it. The bill text still includes clean extension of the regional center program to September 30, 2017.
  • 5/1/2017: House Appropriations Committee press release: Comprehensive Government Funding Bill Released. The bill text includes this magic sentence on page 734: “SEC. 542. Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting ‘‘September 30, 2017’’ for ‘‘September 30, 2015’’. If passed, this will give simple extension of the Regional Center program authorization for the reminder of the fiscal year, with no other EB-5 program changes. (Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102-395) established the regional center program, page 47.)  Even assuming the bill will pass as-is, this is not time to relax. Congress could still come out with new independent EB-5 legislation at any time — nothing says they have to wait til the last reauthorization minute to act. Senator Cornyn’s office circulated a new discussion draft of EB-5 legislation just this morning. I’ve entered summary details in my bill comparison chart,   and will add link to the full text as soon as someone posts the draft publicly.
  • 4/28/2017: H.J.Res. 99 – Joint Resolution making further continuing appropriations for fiscal year 2017, and for other purposes has been passed and signed into law, extending government funding and other provisions of Public Law 114–223 (including the regional center program) to May 5, 2017.
  • 4/27/2017: For the first time, I’ve noticed a statement from the Trump administration on EB-5. Washington Post says,
      • The White House issued a statement to The Washington Post this week saying that the Trump administration is weighing changes to the foreign investor visa program. “There are serious concerns held by the administration regarding the EB-5 visa program, in part because it is not being used as it was primarily intended,” said Michael Short, a White House spokesman. “The administration is continuing to evaluate reforms to the program, which we believe is in need of substantial repair.”

    The New York Times and CNBC also feature EB-5 stories today.

  • 4/26/2017: House Appropriations Committee Press Release: “House Appropriations Chairman Rodney Frelinghuysen today introduced a short-term Continuing Resolution (CR) (H.J.Res. 99) to continue funding for federal programs and services until May 5, 2017. …The legislation continues policy and funding provisions included in currently enacted fiscal year 2016 Appropriations legislation.” Here is the text of the CR. It’s set for vote on 4/28.

As a reminder, the history of recent regional center program reauthorizations:

  • 12/10/2016 – RC program is extended unchanged to 04/28/2017 as part of a continuing appropriations act (PL 114-254)
  • 9/29/2016 – RC program is extended unchanged to 12/09/2016 as part of a continuing appropriations act (PL 114-223)
  • 12/8/2015 – RC program is extended unchanged to 9/30/2016 as part of an appropriations act (PL 114-113)
  • 9/30/2015 – RC program is extended unchanged to 12/11/2015 as part of a continuing appropriations act (PL 114-53)
  • 9/28/2012 – RC program is extended (with one small change) to 9/30/2015 as part of immigration-related legislation (PL 112-176)

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