OMB Completes Review of EB-5 Modernization Regulations

On June 27th, 2019, the Office of Management and Budget (OMB) completed its review of the long-awaited EB-5 Immigrant Investor Program Modernization rules (which may substantially increase the minimum investment amount required for new EB-5 investors). Click here to view the official announcement.

Minimum EB-5 Investment Amount may increase

As proposed, the new final regulations may raise the minimum investment amount from $500,000 to $1.35 million or $1.8 million, depending on the EB-5 project’s location. Once these new regulations are published in the Federal Register, we expect there to be a grace period of up to 60 days before the final regulations become effective.

The timing for the publication of these final regulations in the Federal Register has not been announced nor has the text of the final regulation been made available to the public yet.

LCR Capital Partners and its experienced immigration law partners are closely monitoring this important development and will circulate an advance copy of the new EB-5 regulations, as soon as they are made available.

The timing may never be more attractive than it is now to move forward with the EB-5 investment visa program.

LCR Capital Partners will be happy to schedule a mutually convenient time to speak.

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EB-5 Program Update:

The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.

If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.

LCR expects the program to be reauthorized in December, and continues to work with international families that want to explore alternative residency options.

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