{"id":56940,"date":"2024-04-19T17:39:16","date_gmt":"2024-04-19T21:39:16","guid":{"rendered":"https:\/\/www.investmentimmigration.com\/?p=56940"},"modified":"2024-04-19T17:39:16","modified_gmt":"2024-04-19T21:39:16","slug":"recent-changes-and-developments-in-the-us-eb-5-visa-program","status":"publish","type":"post","link":"https:\/\/www.investmentimmigration.com\/recent-changes-and-developments-in-the-us-eb-5-visa-program\/","title":{"rendered":"Recent Changes and Developments in the US EB-5 Visa Program"},"content":{"rendered":"

Here is an overview of the recent changes and developments to the US EB-5 visa program.<\/a><\/p>\n

Two-Year Sustainment Period is Good News but Unlikely to Result in Faster Repayment of Capital<\/strong><\/h2>\n

The recent USCIS guidance may have set the legal sustainment period for the EB-5 investment at two years, but the average five to seven years taken by EB-5 projects to return capital to investors is unlikely to change anytime soon.<\/p>\n

It takes anywhere between two and three years for a construction project to be completed and another two to three years for the project to be sold or refinanced, which is when the developer normally repays the EB-5 investors.<\/p>\n

So, while the law may provide for a two-year sustainment period subject to completion of the job creation requirement, it may not be commercially feasible for construction project developers to repay capital in such a short period of time.<\/p>\n

\n

Read More<\/strong><\/p>\n

Caribbean Programs Urged To Increase Investment Requirements To Cut Application Volumes<\/a>
\nAustralia\u2019s Significant Investor Visa Shut Down<\/a>
\nPortugal Golden Visa Investors Move On From Real Estate<\/a><\/p>\n

\n

USCIS Clarifies Filing EB-5 Petition Does Not Violate Single Intent Requirement<\/strong><\/h2>\n

The USCIS has clarified that merely applying for the EB-5 visa when one is in the US on a F-1 or M1 visa does not automatically result in violation of the single intent requirement.<\/p>\n

This is a significant clarification because there was a possibility of an international student returning to the US after visiting abroad may have face visa violation suspicion from the immigration officer at the port of entry.<\/p>\n

Going ahead, any student who has a residence abroad and who otherwise can prove that he does not intend to abandon his or her home country won\u2019t face questions due to an EB-5 visa application.<\/p>\n

EB-5 Filing Fee Jumped by 300% On April 1, 2024<\/strong><\/h2>\n

Unchanged since 2016, filing fees for various immigration petitions rose from April 1, including fees for filing petitions for the EB-5 visa, Adjustment of Status, and Removal of Conditions.<\/p>\n

EB-5 investors will have to shell out more than triple the existing fee for filing an I-526\/526E petition. The filing fee will jump from the current $3,675 to $11,160 from April 2024.<\/p>\n

There is a 154 percent jump in filing fee for the I-829 Removal of Conditions petition too.<\/p>\n

The cost of filing an I-485 Adjustment of Status will rise by 18 percent from $1,225 to $1,440.<\/p>\n

Also, investors choosing to apply for Employment Authorization Document and Advance Parole with their concurrent AoS filing will have to pay an additional $260 and $630 respectively.<\/p>\n

EB-5 May Be Better Option Than H-1B If Trump Gets Re-Elected <\/strong><\/h2>\n

Donald Trump\u2019s first term was a period of uncertainty and difficulties for H-1B workers. With Trump likely to be the Republican candidate, his re-election may prompt more and more H-1B workers to move to safer alternatives like the EB-5 visa to qualify for the green card.<\/p>\n

EB-5 may also get a boost as international students may prefer using this visa to avoid the OPT-H-1B route to work in the US after completing their studies. This means the existing situation of zero EB-5 backlogs in the set aside category is unlikely to continue for long if Trump gets elected again.<\/p>\n","protected":false},"excerpt":{"rendered":"

Discover the latest updates on the US EB-5 visa program, including insights on the two-year sustainment period, USCIS clarifications, filing fee increases, and the potential impact of Trump’s re-election on H-1B workers and international students. Stay informed on crucial developments shaping the EB-5 landscape.<\/p>\n","protected":false},"author":2,"featured_media":56941,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"footnotes":"","_jetpack_memberships_contains_paid_content":false,"jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[454],"tags":[6014,32,6022,6016,6008,6020,3978,6024,6018,6012,6026,6010],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/www.investmentimmigration.com\/wp-content\/uploads\/2024\/04\/Recent-Changes-and-Developments-in-the-US-EB-5-Visa-Program-scaled.jpg","jetpack_shortlink":"https:\/\/wp.me\/p8hnWW-eOo","jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/posts\/56940"}],"collection":[{"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/comments?post=56940"}],"version-history":[{"count":1,"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/posts\/56940\/revisions"}],"predecessor-version":[{"id":56942,"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/posts\/56940\/revisions\/56942"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/media\/56941"}],"wp:attachment":[{"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/media?parent=56940"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/categories?post=56940"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.investmentimmigration.com\/wp-json\/wp\/v2\/tags?post=56940"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}