Important Updates
Important Updates
July 21, 2025 | United StatesUnited States: USCIS Announces Implementation of Several New Fees for Humanitarian Applications Based on Reconciliation Bill
July 21, 2025 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
July 21, 2025 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
July 21, 2025 | Saudi Arabia, United Arab EmiratesSaudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape
July 21, 2025 | United StatesUnited States: DHS Proposal to Alter the H-1B Cap Selection Process Is Sent to OMB for Review
July 21, 2025 | United StatesUnited States: USCIS Announces Implementation of Several New Fees for Humanitarian Applications Based on Reconciliation Bill
July 21, 2025 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
July 21, 2025 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
July 21, 2025 | Saudi Arabia, United Arab EmiratesSaudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape
July 21, 2025 | United StatesUnited States: DHS Proposal to Alter the H-1B Cap Selection Process Is Sent to OMB for Review
July 21, 2025 | United StatesUnited States: USCIS Announces Implementation of Several New Fees for Humanitarian Applications Based on Reconciliation Bill
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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 RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • Insights

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

November 13, 2024

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

Country / Territory

  • United StatesUnited States

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Isha Atassi, Rahul Soni, Xiaodan Song

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 Trump’s 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 Trump’s 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 “public charge” hurdles to jump over, while green cards processed abroad through the U.S. Department of State’s National Visa Center became significantly slower, with less transparency and consistency in case status and decision-making.

What to Expect in Trump’s 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 “finish line” 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 Trump’s 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

  • United StatesUnited States

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, NY, United States

Email

[email protected]

T:+1 212 230 2878

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

Related offices

  • New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Blog post

UK Creative Industries & Immigration: What the 2025 Policy Changes Mean

Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Learn more

Media mentions

AAML: Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys

Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Learn more

Blog post

Fast-track Visa Options for Technical Workers: Türkiye’s AMS Visa and Greece’s Installation Visa

Senior Manager Ben Morgan and Manager Mariana Da Encarnacao outline Türkiye’s AMS visa and Greece’s Installation visa as streamlined immigration options aimed at attracting technical talent to support national innovation and economic growth.

Learn more

Video

Regional Immigration Overviews 2025 | #MobilityMinute

Director Raj Mann shares an overview of Fragomen's newly released 2025  Regional Immigration Overviews, a supplement to the firm's Worldwide Immigration Trends Report.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

UK Partner Visa 2025: Is Cohabitation Still Required for Unmarried Couples?

Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Blog post

UK Creative Industries & Immigration: What the 2025 Policy Changes Mean

Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Learn more

Media mentions

AAML: Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys

Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Learn more

Blog post

Fast-track Visa Options for Technical Workers: Türkiye’s AMS Visa and Greece’s Installation Visa

Senior Manager Ben Morgan and Manager Mariana Da Encarnacao outline Türkiye’s AMS visa and Greece’s Installation visa as streamlined immigration options aimed at attracting technical talent to support national innovation and economic growth.

Learn more

Video

Regional Immigration Overviews 2025 | #MobilityMinute

Director Raj Mann shares an overview of Fragomen's newly released 2025  Regional Immigration Overviews, a supplement to the firm's Worldwide Immigration Trends Report.

Learn more

Video

A Guide to EU Visa Categories for Non-EU Nationals

Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.

Learn more

Blog post

UK Partner Visa 2025: Is Cohabitation Still Required for Unmarried Couples?

Private Client Associate Amelia Haynes and Intern Zuha Malik explore whether living together remains a requirement for unmarried couples applying for a UK partner visa under the 2025 rules.

Learn more

Media mentions

Business Standard: 11 Million US Visa Backlog Crushes Indian H-1B, Green Card Dreams: Decoded

Partner Blake Miller discussed how US immigration processing delays may create challenges for work authorization, travel and workforce planning.

Learn more

Blog post

EES and ETIAS: Automation Meets Immigration Complexity

Immigration Manager Andreia Ghimis discusses how the EES and ETIAS systems aim to streamline immigration processes while addressing the complexities of automation.

Learn more

Fragomen news

Partner Marius Tollenaere Elected to the Executive Committee of the German Bar Association's Migration Law Working Group

Partner Marius Tollenaere is elected to the Executive Committee of the German Bar Association's Migration Law Working Group.

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.