The EB-5 Immigrant Investor Program: What to Expect Under the Trump 2.0 Administration
November 13, 2024

Country / Territory
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
By: Isha Atassi, Rahul Soni
As the return of the Trump administration approaches in January, the future of U.S. immigration programs, including the EB-5 Immigrant Investor Program, face new uncertainties. President-elect Trump made immigration a central focus of his campaign. This analysis examines the impact of the EB-5 program during his first term and outlines the potential developments under his upcoming presidency.
Changes Under Trumpโs Previous Administration
During the previous Trump administration, the EB-5 Program, at least from an eligibility and viability standpoint, remained largely untouched. In fact, it was one of the few U.S. immigration programs that were not majorly affected by Trumpโs sweeping immigration policy changes during his first term. Investors were still able to file their initial EB-5 investor-based petitions.
However, the challenges observed were those of timing, and related to adjustment of status petitions and consular-based green card processing and issuance. From a timing perspective, there was a major slowdown in I-526 and I-829 processing times; in fact, processing times were delayed by several years for each petition type. These timing issues were not limited to EB-5, and actually noticed across the board for many nonimmigrant and immigrant visa types.
Further, we noticed additional challenges related to green card processing. Just to name a few, adjustment of status applications had additional โpublic chargeโ hurdles to jump over, while green cards processed abroad through the U.S. Department of Stateโs National Visa Center became significantly slower, with less transparency and consistency in case status and decision-making.
What to Expect in Trumpโs New Term
A second Trump administration could see very similar challenges. In a nutshell, the Trump 2.0 administration is expected to bring higher costs for using the U.S. immigration system, increased scrutiny of applications, including more Requests for Evidence (case audits) and denials, processing delays and travel bans.
This could impact the EB-5 Program, where investors trying to get over the โfinish lineโ with green cards in hand could become more cumbersome. Additional screening measures could be applied, especially to applicants from countries considered to pose potential national security risks.
On the other hand, among all the challenges that U.S. immigration programs may face, EB-5 retains its advantages over some other immigrant visa categories, especially the option to file the adjustment of status concurrently with the initial I-526E petition for investments in regionals centers of Targeted Employment Areas (TEAs), which allows investors to obtain a five-year work authorization card (EAD) and international travel permit (Advance Parole) while their green card application is pending. These advantages, however, may not be long lasting.
Advice for Potential EB-5 Investors
Since the start of the EB-5 program in 1990, it has evolved through various administrations, adapting to political and economic shifts. With Trumpโs return to the White House, EB-5 investors should expect changes and seek guidance from experienced immigration attorneys to navigate any new complexities.
In addition, if you are considering the EB-5 program, proceeding with haste is encouraged to minimize any potential impact that a change in administration could have on the program.
Need to Know More?
For questions related to the EB-5 Immigrant Investor Program, please contact Partners Isha Atassi and Rahul Soni at [email protected] and [email protected], respectively, and Senior Associate Susan Song at [email protected].
This blog was published on November 13, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.
Country / Territory
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen
Media mentions
Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.
Awards
Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomenโs Poland practice.
Media mentions
Manager Karnig Dukmajian
Media mentions
Senior Manager Gรฉraldine Renaudiรจre discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.
Video
Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.
Media mentions
Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.
Blog post
Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.
Blog post
Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Ricaโs Pensionado residency program for retirees receiving lifetime pension income from abroad.
Media mentions
Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.
Awards
Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Media mentions
Managing Director Diogo Kloper highlights how Brazilโs new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.
Blog post
Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.
Media mentions
Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.
Awards
Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomenโs Poland practice.
Media mentions
Manager Karnig Dukmajian
Media mentions
Senior Manager Gรฉraldine Renaudiรจre discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.
Video
Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.
Media mentions
Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.
Blog post
Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.
Blog post
Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Ricaโs Pensionado residency program for retirees receiving lifetime pension income from abroad.
Media mentions
Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.
Awards
Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Media mentions
Managing Director Diogo Kloper highlights how Brazilโs new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.
Blog post
Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.


