2019 EB-5 Investor Green Card Rule was invalidated: Investment amounts are back to lower levels

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* ATTENTION: At least for a limited time the EB-5 investment amounts are back to lower levels – $500,000 in TEA or rural areas and $1 million (not $900,000) for all other areas.

0:00 – Introduction
0:35 – 2019 EB-5 Investor Green Card Rule was invalidated
1:22 – What happened with the EB-5 Investor Green Card Rule?
2:31 – What are the opportunities brought by the new EB-5 Rule?
3:16 – Immediate effects of the new EB-5 Rule

We have some exciting news for the EB-5 Green Card Investment Program for the United States. Combined with so much confusion and anxiety for some investors, it is a window of opportunity for other investors. This is because the United States Citizenship and Immigration Services has not released an official statement about the status of the EB-5 program since the federal judge invalidated the 2019 EB-5 Modernization Rule and reverted the invested amount to obtain a Green Card in the United States to the lower amounts that were in place a before 2019.

👉What happened with the EB-5 Investor Green Card Rule?

Last week, on June 22nd, 2021, the United States District Court for the Northern District of California ruled in the case of Behring Regional Center v. the DHS (Wolf et al.). The 2019 EB-5 Modernization Rule that increased the investment amounts for obtaining a Green Card through investment in the United States was invalidated. The 2019 EB-5 Modernization Rule, which became effective in November 2019, increased the investment amounts. From 500,000 USD to 900,000 USD for projects located in rural areas or high unemployment areas, also known as targeted employment areas, and from 1 million USD to 1.8 million USD for projects located in the urban areas or low unemployment areas.

👉What are the opportunities brought by the new EB-5 Rule?

While it is likely that the 2019 EB-5 Rule will be restored, the current situation as it is today on June 28th, 2021, offers a window of opportunity for those EB-5 investors that are looking to invest to gain a Green Card through investment in the United States. It also comes with risks and confusion because the United States Citizenship and Immigration Services has not released any official information or guidance since the court invalidated the EB-5 Rule as it was in 2019.

👉Immediate effects of the new EB-5 Rule:

1. The EB-5 investors can invest with a lower amount because the investment amount has been rolled back to its pre-2019 levels. This means that the investment amounts currently stand at 500,000 USD in rural or high unemployment areas and 1 million USD for projects in urban or low unemployment areas.

2. In the areas where the projects are situated, the regulation has reverted to pre-2019: the states where the specific project is based must approve the targeted employment area and not the United States Citizenship and Immigration Services as it is under the 2019 EB-5 Modernization Rule.

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