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

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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