December 18, 2017
New Regulatory Updates & State of EB-5 Reform Efforts
Dear ,
 
The Office of Information and Regulatory Affairs ("OIRA") has updated the Trump Administration's Unified Agenda of Regulatory and Deregulatory Actions. While the Administration has been working to deregulate the federal bureaucracy, EB-5 does not seem to be in this category with advancing dates outlined below:
  • EB-5 Immigrant Investor Program Modernization related to updated urban targeted employment areas, increased price levels, priority date retention, and miscellaneous changes. 
    • UPDATE: Final Action date moved forward to 02/00/2018 from 04/00/2018.
An Increasingly Narrow Path Forward
Change to the EB-5 Regional Center Program is coming. We will see this change either through a legislative reform package in Congress or the U.S. Citizenship & Immigration Services (USCIS) will move forward with a final rule on regulations. With the USCIS Ombudsman's Office reporting at least a 10 year wait for Mainland Chinese EB-5 applicants, it is more important than ever achieve stability in the marketplace.

IIUSA will continue to fight for the values of our members in our advocacy efforts with direction from our Policy Platform. The Platform was created in an inclusive and transparent grassroots effort by taking polling data and focus group comments from over one hundred general members, with recommendations from subcommittees to the Public Policy Committee consisting of over 40 member organizations, and finally voted on by our Board of Directors.
Paths Forward for Reform*
*Reform proposals are not final and subject to change. Please consult with an attorney or other investment advisor before making investment decisions. View IIUSA's Code of Conduct here.

TEA and Non-TEA Investment Amounts
  • TEA: $925,000
  • Non-TEA: $1,025,000 
Set Aside EB-5 Visas of about 10,000 total
  • Rural: 1,500
  • Distressed Urban: 1,500
Distressed Urban TEA Definition
  • Single census tract, 2/3 Extreme Distress New Market Tax Credit Methodology. 








Effective Dates
  • Under negotiation.
Other Reforms
  • Lower job requirement for TEAs.
  • Regional Center oversights.
  • Financial reporting requirements.
  • Increased power to USCIS for terminations.
  • Many more. 
TEA and Non-TEA Investment Amounts
  • TEA: $1.35 million
  • Non-TEA: $1.8 million
Set Aside % of Total EB-5 Visas
  • None
Distressed Urban TEA Definition
  • Average of up to all tracts contiguous and adjacent to principal tract averaging 150% of national unemployment .







Effective Dates
  • Unspecified until Final Rule.
Other Reforms.
  • No integrity reform.
  • Priority date retention for petitions related to terminated regional centers and material change.

* Enhanced program integrity measures
* No retroactive effective dates
* Increased visa capacity
* Job creation methodologies
* Defining incentivized areas * Efficient and transparent processing
* Investment price differential & set asides * A long-term extension
Tell Congress You Support EB-5: " EB-5 Champion" Advocacy Page


Since 2008, $20 billion in EB-5 investment has supported over 560 projects in 26 states in diverse industry sectors that are transforming regional economies and supporting over half a million American jobs. All at no cost to the taxpayer. EB-5 is essential to the U.S. economy as it has proven to be a vital capital source for economic development.  
Sincerely, 


Peter D. Joseph
Executive Director
IIUSA| 300 New Jersey Avenue, NW, Suite 1075, Washington, D.C. 20001     
202-795-9669 | [email protected] | IIUSA.org
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