USCIS Proposes Significant Increase in EB-5 Investment Minimums and Other Program Changes
January 13, 2017

Country / Territory
In a proposed rule published today, U.S. Citizenship and Immigration Services is seeking to make significant changes to the EB-5 immigrant investor program, including higher investment minimums and exclusive federal authority to designate Targeted Employment Area (TEAs), the rural and high-unemployment areas that qualify for EB-5 investment at lower thresholds.
Key provisions of the proposal are summarized below. USCIS is accepting public feedback on the rule through April 11, 2017.
Higher Investment Minimums
USCIS proposes to increase the minimum thresholds for participation in the EB-5 program, which currently stand at $500,000 for TEA investments and $1 million for all other EB-5 investments. The minimum investment for TEAs would increase by 170 percent, to $1.35 million. The standard minimum investment would increase by 80 percent, to $1.8 million. Investment thresholds would increase automatically every five years, keyed to the Consumer Price Index.
Exclusive Federal Authority to Designate Targeted Investment Areas
The rule would give USCIS the exclusive authority to designate TEAs. Currently, U.S. states have broad authority to designate high-unemployment TEAs, in recognition of their superior knowledge of local demographics and employment needs.
Under the proposal, USCIS would designate TEAs based on a new methodology that would limit investment to more strictly demarcated areas. This could limit the types of urban development projects that have proven most desirable to foreign investors in recent years.
Priority Date Retention for Foreign Investors
In a positive development, the proposal would permit EB-5 petitioners to retain their priority date – the date that fixes their place in line for an immigrant visa number – if circumstances beyond their control require the filing of a subsequent EB-5 petition. This provision could aid foreign investors whose initial EB-5 petition is detrimentally affected by the termination of a Regional Center or a material change in a business plan. If finalized, priority date retention would be a significant benefit to Chinese EB-5 investors, who are subject to multi-year backlogs.
What the Proposal Means for Foreign Investors
Because the new USCIS regulation is a proposal only, it will not take effect until the agency reviews public comments and issues a final regulation – a process that typically takes several months. Implementation of the proposal could also be delayed or suspended by the incoming administration of President-elect Donald Trump.
The proposed regulation comes as Congress considers the reauthorization of the EB-5 Regional Center program, which is set to expire on April 28. A reauthorization bill could include its own revisions to the EB-5 program. Through April 28, prospective investors can still qualify under existing program rules, including the current investment thresholds of $500,000 and $1 million.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Country / Territory
Explore more at Fragomen
Media mentions
Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.
Awards
Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.
Media mentions
Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.
Awards
Australia and New Zealand Managing Partner Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.
Awards
Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.
Media mentions
Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.
Blog post
Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland.
Video
Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.
Video
Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.
Advisory services
Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected.
Media mentions
Partner James Pack on US H‑1B updates and what employers should know for the upcoming lottery.
Media mentions
Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.
Awards
Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.
Media mentions
Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.
Awards
Australia and New Zealand Managing Partner Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.
Awards
Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.
Media mentions
Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.
Blog post
Immigration Director Deirdre Murray explores the impact of upcoming employment permit changes on employers and workforce planning in Ireland.
Video
Director David Iannella discusses how Global Entry can help frequent business travelers navigate US entry more predictably and access TSA PreCheck.
Video
Manager Russell Hodges and Associate Gurpreet Phalora explain key UK immigration considerations for London Fashion Week 2026.
Advisory services
Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm explore the EU Blue Card recast and its impact for employers, highlighting how hiring, retention and mobility decisions are affected.
Media mentions
Partner James Pack on US H‑1B updates and what employers should know for the upcoming lottery.

