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
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
Media mentions
Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.
Media mentions
Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.
Video
In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.
Media mentions
Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.
Media mentions
Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.
Media mentions
Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.
Video
In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.
Media mentions
Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.
Media mentions
Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.
Media mentions
Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.
Media mentions
Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.
Video
In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.
Media mentions
Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.
Media mentions
Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.
Media mentions
Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.
Video
In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.
