Important Updates
Important Updates
December 31, 2025 | NigerNiger: Alliance of Sahel States’ Biometric Identity Card Announced
January 2, 2026 | FranceFrance: Civic and Language Tests Now Required for Some Multi-Year Residence Permits, Residence Cards and French Citizenship
January 2, 2026 | 🌐Minimum Salary Changes Announced
January 2, 2026 | NigerNiger: Decree Codifying Rules on Entry and Stay of Foreign Nationals Adopted
December 31, 2025 | Niger, Burkina FasoAfrica: U.S. Citizens Banned from Entering Certain African Countries
December 31, 2025 | NigerNiger: Alliance of Sahel States’ Biometric Identity Card Announced
January 2, 2026 | FranceFrance: Civic and Language Tests Now Required for Some Multi-Year Residence Permits, Residence Cards and French Citizenship
January 2, 2026 | 🌐Minimum Salary Changes Announced
January 2, 2026 | NigerNiger: Decree Codifying Rules on Entry and Stay of Foreign Nationals Adopted
December 31, 2025 | Niger, Burkina FasoAfrica: U.S. Citizens Banned from Entering Certain African Countries
December 31, 2025 | NigerNiger: Alliance of Sahel States’ Biometric Identity Card Announced
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 AdministrationFragomen Consulting EuropeImmigration 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
  • Fragomen Consulting Europe
  • 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

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

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Blog post

US Green Card by Investment | EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

Bloomberg Law: New H-1B Rule Pushes Employers to Rethink Workforce Options

Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.

Learn more

Media mentions

Business Insider: Immigration Lawyers Say the H-1B Chaos Is Forcing Tough Business Calls

Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.

Learn more

Awards

Mitch Wexler Named 2025 Top 25 Immigration Attorney by EB5 Investors Magazine

Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.

Learn more

Blog post

US Green Card by Investment | EB-5 and Gold Card Options for Middle Eastern Investors

Partners Isha Atassi and Rahul Soni outline key considerations across the EB-5 Immigrant Investor Program and the US Gold Card, comparing eligibility, investment structures and risk factors for high-net-worth individuals from the Middle East seeking US permanent residence.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

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

© 2026 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.