Important Updates
Important Updates
August 6, 2025 | United StatesUnited States: August 2025 DOL PERM and PWD Processing Times
August 7, 2025 | IrelandHR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration
August 7, 2025 | MexicoMexico: Major Delays Affecting Immigration Application Processing
August 6, 2025 | Costa RicaCosta Rica: Stricter Enforcement of Tax and Social Security Compliance in Immigration Applications
August 6, 2025 | PanamaPanama: Government Reporting Requirement Enforced; Strict Penalties May Apply
August 6, 2025 | United StatesUnited States: August 2025 DOL PERM and PWD Processing Times
August 7, 2025 | IrelandHR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration
August 7, 2025 | MexicoMexico: Major Delays Affecting Immigration Application Processing
August 6, 2025 | Costa RicaCosta Rica: Stricter Enforcement of Tax and Social Security Compliance in Immigration Applications
August 6, 2025 | PanamaPanama: Government Reporting Requirement Enforced; Strict Penalties May Apply
August 6, 2025 | United StatesUnited States: August 2025 DOL PERM and PWD Processing Times
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 Regional Center Program Post-September 30, 2015: What Happens Now?

October 13, 2015

Enrique-Gonzalez

Country / Territory

  • United StatesUnited States

Related contacts

Enrique Gonzalez

Co-Chair

Miami, FL, United States

Email

[email protected]

T:+1 305 774 5800

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Enrique Gonzalez

Co-Chair

Miami, FL, United States

Email

[email protected]

T:+1 305 774 5800

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Enrique Gonzalez

Co-Chair

Miami, FL, United States

Email

[email protected]

T:+1 305 774 5800

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Enrique Gonzalez, III

Despite proposals in both the U.S. House of Representatives and U.S. Senate seeking to either permanently or temporarily reauthorize the EB-5 Regional Center Program before its expiration on September 30, 2015[1], Congress was unable to pass any of the proposals before September 30, 2015.. Luckily, the EB-5 Regional Center Program (along with three other immigration programs dealing with electronic verification of employment eligibility (E-Verify), waiver of the two-year foreign residence requirement for foreign physicians (Conrad 30), and non-minister religious workers) was given a temporary reprieve when a short-term extension was included in the Continuing Resolution[2] passed by Congress and signed by the President, which temporarily funds the government for the 2016 Fiscal Year that began on October 1, 2015. The temporary extension is good until December 11, 2015.
 
Why has the EB-5 Regional Center Program Not Been Reauthorized Yet?
 
One of the first questions that actual and potential investors in the EB-5 Regional Center Program ask is “Why was the EB-5 Regional Center Program not reauthorized before September 30th?” The answer relates to a combination of reasons, but, in short, given the variety of issues and views raised by advocates and opponents of the EB-5 Regional Center Program, there were not enough legislative days left before September 30th to properly hash out the proposals and counter-proposals. Once this became obvious and as we got closer to September 30th, a temporary extension was better than a bad or rushed piece of legislation.
 
What Does the Extension until December 11, 2015 Mean for Me?
 
Another frequent question since September 30th has been, “What does the extension until December 11, 2015 mean for me as someone with a pending application at USCIS or as a prospective investor?” Simply put, it is business as usual. Pending applications will continue to be reviewed and new applications can continue to be filed.
 
What is the Outlook for the EB-5 Regional Center Program After December 11th?
 
A third question we continue to hear is, “What is the outlook for the EB-5 Regional Center Program after December 11th?” The good news is that there are no lack of legislative proposals in the House and Senate seeking to extend the EB-5 Regional Center Program. Three (3) separate proposals were filed in the Senate by Senators Pat Leahy (D-VT) and Chuck Grassley (R-IA), Senator Jeff Flake (R-AZ), and Senator Rand Paul (R-KY), respectively, and two (2) proposals were filed in the House by Representatives Mark Amodei (R-NV) and Jared Polis (D-CO), and Representatives Zoe Lofgren (D-CA) and Luis Gutierrez (D-IL), respectively.  A brief recap of the proposed bills follows:
 
U.S. Senate:
 
In June 2015, Senators Leahy and Grassley introduced a bipartisan bill called the American Job Creation and Investment Promotion Reform Act (S. 1501), which proposes reauthorization of the EB-5 Regional Center Program for five years and substantial changes of key components of the Program. Quite notably for investors, the Leahy-Grassley bill proposes raising the minimum investment threshold from $500,000 for Targeted Employment Areas (“TEA”) to $800,000 and from $1 million for non-TEAs to $1.2 million as well as changing the definition of a TEA. Other notable changes require an annual $20,000 fee to be paid by Regional Centers, and in an effort to increase transparency, each Regional Center must publicly disclose its annual report. Under this bill, the Department of Homeland Security (“DHS”) will have increased authority to sanction or terminate Regional Centers for their lack of compliance and would require that investors now provide at least seven (7) years of income tax returns, as well as demonstrate that administrative fees above the capital contribution were acquired lawfully.
 
Senator Flake’s proposal, the Targeted Employment Areas Improvement Act (S. 2115), was presented on October 1, 2015, and focuses on reforms that would be beneficial for TEAs. Specifically, it calls for TEA designation to be valid for five years with a possibility of renewal, and reserves 5,000 visas under the annual cap for investments specifically made in TEAs. The bill redefines what “high unemployment areas” and “rural areas” would entail, and provides that investors who have invested in a TEA would not have to increase their investment should the TEA designation expire.
 
Also introduced on October 1st was Senator Paul’s proposal, the Invest In Our Communities Act (S. 2122), which proposes to permanently reauthorize the EB-5 Program. Other than making the Program permanent, Senator Paul’s bill calls for raising the total number of allotted visas available under the EB-5 category, counting only the Petitioner against that number (i.e., not counting the investor’s spouse and children against the quota), and maintaining TEA investment at $500,000. In contrast to the Leahy-Grassley bill, which seeks to modify the distribution of EB-5 investments, Senator Paul’s bill opens up the Program while still moving to enact measures to enhance its integrity and transparency.
 
U.S. House of Representatives:
 
In January 2015, Representatives Amodei and Polis proposed the American Entrepreneurship and Investment Act of 2015 (H.R. 616); an updated version of last year’s bill of the same name. Like Senator Paul’s bill, H.R. 616 calls for a permanent program, though much more regulated than before, and with new designations for TEAs, which would be up to each state’s discretion. Under the Amodei-Polis proposal, USCIS would be required to expedite its processing times not to exceed 180 days, and to adjudicate a petition within 30 days upon receipt of a response to a Request for Evidence. Also like Senator Paul’s proposal, the Amodei-Polis bill would not count derivatives against the annual EB-5 quota.
 
Proposed on July 29, 2015, Representatives Lofgren’s and Gutierrez’s bill, the Entrepreneurial Business Creating Jobs Act of 2015 (H.R. 3370), also would permanently reauthorize the EB-5 Program. A more general immigration bill, H.R. 3370 only addresses the EB-5 Program in some sections of the bill, primarily calling for 5,000 visas to be set aside just for the Program, $1 million investments for TEAs, and $2 million investments for non-TEA Regional Centers. If passed, DHS would be required to conduct random site visits for at least five (5) percent of Regional Centers, and would have to report back annually to Congress with updates on the site visits. Premium processing would be available for EB-5 petitions, processing times would have a goal of 60 days at the most, and concurrent filing of Form I-526 and Adjustment of Status applications would be permitted.
 
Between now and December 11, 2015, we will probably end up seeing one of the following three (3) scenarios playing out:
 
1) After extensive negotiations one of the foregoing proposals (or one yet to be presented) will work its way through the Judiciary Committee in either the House or the Senate and then voted upon by each chamber on or before December 11th;
 
2) After extensive negotiations one of the foregoing proposals (or one yet to be presented) will by-pass Committee and be presented on the floor of either the House and/or the Senate (though a legislative maneuver known as Unanimous Consent[3]) and be voted upon by each chamber on or before December 11th; or
 
3) We don’t see a bill make it all the way, and Congress instead settles on adding an amendment or clause to a budget bill that temporarily extends the EB-5 Regional Center Program under the same terms we have today.
 
The likely scenario? At this time, scenario number three (3) is the front runner. With only 34 legislative days[4] left in the Senate and 25 legislative days left in the House (as of October 8, 2015), EB-5 legislation may take a backseat to what may be considered more pressing matters at the moment. Congress will likely be focused on the budget and the debt ceiling (which Treasury Secretary Jack Lew predicts will be reached on or about November 5th), and the word in Washington is that unless there is an agreement that makes its way through Committee, Unanimous Consent is not likely and we will probably only see an amendment or clause addressing the EB-5 Program in a budget bill just as we just saw with the Continuing Resolution that kept the U.S. government open until December 11, 2015.
 
 

[1] Authorization for the EB-5 Regional Center Pilot Program was first enacted in 1993, for a period of five years.  It has been reauthorized five times, most recently by legislation signed into law in September 2012, reauthorizing the program for three years. 
[2] PL 114-53, H.R. 719 – Continuing Appropriations Act, 2016
[3] Unanimous Consent is a mechanism  used to expedite the legislative process through the mutual agreement of all Representatives or Senators. Unanimous Consent allows for a fast-tracking of the time-consuming aspects of the legislative process. The key to Unanimous Consent is that it can only be used if all members agree
[4] A legislative day is one in which the legislature actually meets. 

 

Country / Territory

  • United StatesUnited States

Related contacts

Enrique Gonzalez

Co-Chair

Miami, FL, United States

Email

[email protected]

T:+1 305 774 5800

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Enrique Gonzalez

Co-Chair

Miami, FL, United States

Email

[email protected]

T:+1 305 774 5800

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Enrique Gonzalez

Co-Chair

Miami, FL, United States

Email

[email protected]

T:+1 305 774 5800

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

HR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration

Partner Ángel Bello Cortés highlights the need for a strategic approach to immigration in Ireland amid growing skills shortages and compliance challenges.

Learn more

Blog post

Chile: Preparing for Possible Revocation of US ESTA Eligibility

Senior Associate Stephania Bertoni Norris and Associate Kelsey McGonigle discuss how travelers and businesses should prepare for potential changes to Chile’s eligibility for the US ESTA program.

Learn more

Blog post

Hiring in Kuwait: What Employers Need to Know About Work Visas, Talent Mobility and Business Potential in 2025

Partner Azeem Mohiuddin discusses Kuwait’s evolving visa landscape, talent mobility trends and emerging business opportunities for employers in 2025.

Learn more

Podcast

Michali Henig on Transforming Global Mobility at HelloFresh

Michali Henig of HelloFresh shares her global mobility career journey and offers insights into attracting international talent to Germany, covering immigration, relocation, integration and more.

Learn more

Media mentions

Construction Management: New Immigration Rules: What Construction Employers Need to Know

Manager Kirsty Moore shares insights in a podcast interview on recent UK immigration changes, their impact on the construction industry and steps employers can take to remain compliant.

Learn more

Awards

Partners Audrea Golding and Emily Allen Named 2025 Women, Influence & Power in Law Awards Finalists

Partners Audrea Golding and Emily Allen are finalists for the 2025 Women, Influence & Power in Law Awards in the Thought Leadership and Innovative Leaders categories.

Learn more

Video

Provincial Nominee Program (PNP): Fast-Track Your Path to Canada PR

Explore Canada’s Provincial Nominee Program (PNP) and learn how to apply for permanent residency. Includes eligibility, application steps and benefits for skilled workers and graduates.

Learn more

Blog post

Beyond the Oil: Understanding Iraq’s Evolving Compliance Landscape

Senior Manager Noman Khan explores Iraq’s shifting compliance landscape beyond its oil industry, highlighting emerging regulatory trends and challenges.

Learn more

Media mentions

The PIE: Nigerian Students Among Those Hit With 3-Month US Visas

Partner Aaron Blumberg highlights how new US visa rules restrict travel for students from Nigeria and Ghana.

Learn more

Media mentions

Times Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough

Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Learn more

Fragomen news

2025年7月 アメリカ移民法ダイジェストLearn more

Media mentions

Law360: Grappling With Workforce-Related Immigration Enforcement

Partner K. Edward Raleigh and Associate Anna I. Perina explore how changing immigration enforcement is affecting workforce planning and compliance for US employers.

Learn more

Media mentions

HR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration

Partner Ángel Bello Cortés highlights the need for a strategic approach to immigration in Ireland amid growing skills shortages and compliance challenges.

Learn more

Blog post

Chile: Preparing for Possible Revocation of US ESTA Eligibility

Senior Associate Stephania Bertoni Norris and Associate Kelsey McGonigle discuss how travelers and businesses should prepare for potential changes to Chile’s eligibility for the US ESTA program.

Learn more

Blog post

Hiring in Kuwait: What Employers Need to Know About Work Visas, Talent Mobility and Business Potential in 2025

Partner Azeem Mohiuddin discusses Kuwait’s evolving visa landscape, talent mobility trends and emerging business opportunities for employers in 2025.

Learn more

Podcast

Michali Henig on Transforming Global Mobility at HelloFresh

Michali Henig of HelloFresh shares her global mobility career journey and offers insights into attracting international talent to Germany, covering immigration, relocation, integration and more.

Learn more

Media mentions

Construction Management: New Immigration Rules: What Construction Employers Need to Know

Manager Kirsty Moore shares insights in a podcast interview on recent UK immigration changes, their impact on the construction industry and steps employers can take to remain compliant.

Learn more

Awards

Partners Audrea Golding and Emily Allen Named 2025 Women, Influence & Power in Law Awards Finalists

Partners Audrea Golding and Emily Allen are finalists for the 2025 Women, Influence & Power in Law Awards in the Thought Leadership and Innovative Leaders categories.

Learn more

Video

Provincial Nominee Program (PNP): Fast-Track Your Path to Canada PR

Explore Canada’s Provincial Nominee Program (PNP) and learn how to apply for permanent residency. Includes eligibility, application steps and benefits for skilled workers and graduates.

Learn more

Blog post

Beyond the Oil: Understanding Iraq’s Evolving Compliance Landscape

Senior Manager Noman Khan explores Iraq’s shifting compliance landscape beyond its oil industry, highlighting emerging regulatory trends and challenges.

Learn more

Media mentions

The PIE: Nigerian Students Among Those Hit With 3-Month US Visas

Partner Aaron Blumberg highlights how new US visa rules restrict travel for students from Nigeria and Ghana.

Learn more

Media mentions

Times Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough

Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Learn more

Fragomen news

2025年7月 アメリカ移民法ダイジェストLearn more

Media mentions

Law360: Grappling With Workforce-Related Immigration Enforcement

Partner K. Edward Raleigh and Associate Anna I. Perina explore how changing immigration enforcement is affecting workforce planning and compliance for US employers.

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.