Important Updates
Important Updates
October 2, 2025Somalia: Electronic Travel Authorization Launched
October 2, 2025 | United StatesComputer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent
October 2, 2025 | United KingdomConstruction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?
October 2, 2025 | NamibiaNamibia: New Online Visa-on-Arrival Launched
October 2, 2025 | Saudi Arabia, United Arab EmiratesPartner Abeer Al Husseini Recognised at the Gulf Business Awards 2025
October 2, 2025Somalia: Electronic Travel Authorization Launched
October 2, 2025 | United StatesComputer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent
October 2, 2025 | United KingdomConstruction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?
October 2, 2025 | NamibiaNamibia: New Online Visa-on-Arrival Launched
October 2, 2025 | Saudi Arabia, United Arab EmiratesPartner Abeer Al Husseini Recognised at the Gulf Business Awards 2025
October 2, 2025Somalia: Electronic Travel Authorization Launched
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Senators Leahy and Grassley Introduce Legislation to Reform EB-5 Program

June 11, 2015

Marco Deutsch

Country / Territory

  • United StatesUnited States

Related contacts

Michael F. Turansick

Michael Turansick

Senior Counsel

Chicago, IL, United States

Email

[email protected]

T:+1 312 499 2804

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Michael F. Turansick

Michael Turansick

Senior Counsel

Chicago, IL, United States

Email

[email protected]

T:+1 312 499 2804

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Michael F. Turansick

Michael Turansick

Senior Counsel

Chicago, IL, United States

Email

[email protected]

T:+1 312 499 2804

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Michael F. Turansick

On June 3, 2015, Senators Leahy (D-VT) and Grassley (R-Iowa) of the Judiciary Committee introduced legislation to significantly reform the EB-5 Pilot Program, commonly known as the Regional Center program, which is due to sunset on September 30, 2015.  The proposed changes mirror U.S. Department of Homeland Security, Secretary Jeh Johnson’s written request to the Judiciary Committee of April 27, 2015, in which he made clear that DHS wants changes to the EB-5 Pilot Program, and beyond.  The Leahy-Grassley bill seeks to extend the EB-5 Regional Program until September 30, 2020.  It does not envision making the program permanent. 
 
If implemented, the Leahy-Grassley legislation will have a significant impact on Regional Centers and investors alike.  The significant changes proposed to the EB-5 Program by the Leahy-Grassley bill are as follows:
 
1 – Raise the minimum investment amount for all EB-5 investors to $800,000/$1,200,000, respectively.  The current $500,000 /$1,000,000 investment requirements for the EB-5 program have not been increased since the program’s inception in 1990.  New investment amounts proposed in the Leahy-Grassley bill raise the required investments to $800,000/$1.2 million.  Based on Secretary Johnson’s earlier letter, it is important to note that USCIS intends to raise the minimum investment amount by regulation on its own, even if Congress does not do so by statute in its review of the EB-5 Pilot Program.  In addition, it is proposed that inflation tables be used to adjust the minimum investment amount on a regular basis moving forward. 
 
2 – Establish an “EB-5 Integrity Fund.”  In an effort to cover the costs associated with audits and site visits to detect fraud in the United States and abroad, the bill proposes an annual $20,000 fee for all regional centers.  As part of increased oversight of the EB-5 program, USCIS would also create a formal accountability and reporting system in which Regional Centers would be required to publicly disclose annual reports to facilitate increased credibility and transparency.  
 
3 – Increased oversight of TEA designation.  According to DHS, there may be “gerrymandering” in the process of TEA designation.  In order to avoid any possibility of impropriety during the TEA designation process and ensure areas of high unemployment in rural areas are supported by the EB-5 program, it is proposed that only a limited number of contiguous census tracts be used for the designation process.
 
4 – Expanded authority to terminate Regional Center designation.  Currently, continued Regional Center designation is based solely on whether the Regional Center’s operation is contributing to economic development.  The new legislation proposes that USCIS be granted the authority to terminate Regional Center designation if there is a significant risk of fraud or abuse, and to deny or revoke any EB-5 Regional Center designation or application due to fraud, misrepresentation, criminal misuse, or threat to national security.
 
5 – Authorize USCIS to fine or temporarily suspend Regional Centers.  The bill also requests that USCIS be given the authority to issue fines or temporary suspensions to Regional Centers where there is fraud, misrepresentation, criminal conduct, or national security concerns.  The fines could be as high at 10% of the EB-5 investment amount.
 
6 – Regulate the principals of Regional Centers.  DHS also seeks to prohibit individuals with criminal violations or fraud/securities related civil violations from participating in owning and leading Regional Centers or related commercial enterprises.  Moreover, Regional Center principals must be U.S. citizens or green card holders.
 
7 – Investment proposals must be reviewed by USCIS prior to investor filings.  This means that Regional Centers would have to file and have approved business plans and supporting documents prior to any individual investor filing.  This appears to be another change DHS is ready to implement by regulation even if Congress does change the statute based on Secretary Johnson’s written request. 
 
8 – No credit for tenant–occupancy jobs.  The proposed legislation makes it clear that jobs created based on tenant occupancy will not count towards EB-5 job creation. 
 
9 – Establish a premium processing option.  In an effort to reduce petition processing times for investors, the Leahy-Grassley legislation proposes a premium processing option for EB-5 petitions for the first time in the program’s history. 
 
As we wait for Congress to fully take on the re-authorization of the EB-5 Pilot Program, we anticipate a great deal of activity on this topic during the summer months.  There is no question that the DHS wants changes to the EB-5 program and to expand its authority in implementing and managing the program.  Furthermore, based on the introduction of the Leahy-Grassley bill, it appears that Congress may be ready to make major changes of its own to the EB-5 program.   
 
Fragomen's EB-5 Blog is dedicated to issues, challenges, solutions, current events and anecdotes related to EB-5 investment visas. Learn more about Fragomen's EB-5 practice.

Country / Territory

  • United StatesUnited States

Related contacts

Michael F. Turansick

Michael Turansick

Senior Counsel

Chicago, IL, United States

Email

[email protected]

T:+1 312 499 2804

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Michael F. Turansick

Michael Turansick

Senior Counsel

Chicago, IL, United States

Email

[email protected]

T:+1 312 499 2804

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Michael F. Turansick

Michael Turansick

Senior Counsel

Chicago, IL, United States

Email

[email protected]

T:+1 312 499 2804

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Media mentions

Computer Weekly: How UK Immigration Must Evolve to Attract the Best Global Talent

Senior Manager Kinka Tonchev highlights how UK immigration must adapt to attract, retain and support the world’s top talent.

Learn more

Media mentions

Construction Management: Immigration Compliance: Is Your Firm Violating Visa Rules?

Manager Kirsty Moore and Trainee Solicitor Amanda Ong highlight rising UK construction sponsor licence risks and how businesses can stay compliant.

Learn more

Awards

Partner Abeer Al Husseini Recognised at the Gulf Business Awards 2025

Partner Abeer Al Husseini is recognised on the shortlist for "Women Leader of the Year" at the Gulf Business Awards 2025.

Learn more

Media mentions

The Washington Post: How Companies Might Avoid Trump’s New $100K Visa

Co-Chair Enrique Gonzalez highlights approaches for companies navigating changes to the H-1B visa process.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Awards

Partner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"

Partner Priscilla Muhlenkamp is a finalist for the 2025 National Law Journal Awards category, "DC Managing Partner of the Year."

Learn more

Media mentions

Post Bulletin: Trump’s New $100K Fee on Certain Work Visas Could Impact Rochester’s Medical Staff

Partner Bo Cooper highlights that new $100K H-1B fees could affect US employers, with possible exemptions for critical roles.

Learn more

Media mentions

The Caterer: Businesses Need to Be Ready for Government Crackdown on Sponsor Licences

Partner Louise Senior highlights the impact of record-breaking UK sponsor licence revocations and the steps hospitality businesses can take to manage compliance.

Learn more

Media mentions

Folha de São Paulo: Taxa de US$ 100 mil para visto dos EUA muda planosde brasileiros; veja opções

Partner Bo Cooper explores the impact of H-1B visa changes on companies and their talent strategies.

Learn more

Media mentions

Global Mobility Lawyer: Lawyers Try to Make Sense of Trump’s Confusing H-1B Fee Hike

Partner Bo Cooper explains that while new H-1B fees affect future petitions, US opportunities for international talent remain highly valued.

Learn more

Media mentions

Kommunal topinform: Staatsdienst am Limit

Fragomen explores in an article how international recruitment can help solve Germany’s public sector staffing crisis and support the future of essential services.

Learn more

Blog post

UAE Golden Visa: Work Permit Requirements for Employers and Professionals

Assistant Manager Charo Medida explains the work permit requirements for employers and professionals under the UAE Golden Visa programme.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.