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Is it possible for the U.S. government to retroactively apply new regulations, including the increase in minimum investment amount?

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While it is technically possible, the general consensus is that it is extremely unlikely any EB-5 reauthorization law will include retroactivity language. This would unnecessarily penalize existing EB-5 investors, who abided by the laws and regulations in effect at the time and invested at the $500 thousand level. Any retroactive application of laws would likely result in litigation against the U.S. government and harm investor confidence in the program (and the U.S. government).

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