Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm
May 9, 2018

DHS Postpones Final Action Date on EB-5 Regulations to August 2018

Following attempts by lawmakers to finalize EB-5 regulations last month, the recent release of the Office of Management and Budget Spring 2018 Unified Agenda now estimates the Final Action for sweeping EB-5 regulatory reform to be finalized in August 2018.

This marks the most recent development in a protracted process that has been seeking finalization since January 2017 when they were released in draft form. As drafted, the regulations would raise the minimum investment amount substantially, as well as curtail present provisions allowing for the liberal designation of Targeted Employment Areas at the state level.

This proposed date is already ​six months later than the date initially expected for finalization in February 2018.  As we reported previously, Department of Homeland Security Secretary Kirstjen Nielson was urged in a letter from Sens. Chuck Grassley (R-Iowa), Patrick Leahy (D-Vermont), and Rep. Bob Goodlatte (R-Virginia) to finalize the regulations in April 2018. This letter followed a failed attempt by these lawmakers to enact legislation that would have completely changed the EB-5 program as we know it; and, as we maintained, legislation that would have been not for the better.

Much remains uncertain. It is still not clear what effect this pressure from lawmakers, or indeed, the many public comments submitted in opposition to the regulations will have on their final form. As DHS has already surpassed one regulatory Final Action date, so too this date may prove to be inaccurate. It is also unclear how long it will take for the reform to take effect whenever the regulations are finalized.

However, given the likelihood of significant and serious changes to the current regulations, investors considering EB-5 immigration should accordingly act with urgency. Contact our dedicated attorneys today for more information relating to EB-5 immigration.

Article authored by Catriona Davenport, LLM* Not authorized to practice law.

Recent Blogs

Feb 02, 2020

U.S. Imposes Travel Restrictions and/or Quarantines on Recent Visitors to China

According to President Trump’s Proclamation, as of 5:00PM EST on February 2, 2020, the United States will severely prohibit the entry of immigrants and nonimmigrants traveling to the United States within 14 days of having been physically present in mainland China. Learn more in this blog.

Nov 22, 2019

Green and Spiegel Secures Grenadian E-2 Visa for Chinese Client

As a firm dedicated to representing investors and entrepreneurs from around the world, we try to find creative solutions to enable our clients to secure their dreams in the U.S., especially when those options are not readily apparent. We recently had the pleasure of representing Mr. M.L., a successful Chinese businessman who wanted to open an educational company in a major Northeastern U.S. city. Because there is no treaty, ML utilized the Grenada Citizenship by Investment option whereby he was able to secure a passport. Learn more in this blog.

Oct 28, 2019

Matthew Galati To Represent Green and Spiegel LLC at the Seattle 2019 IIUSA Industry Forum

Immigration attorney Matthew Galati will represent Green and Spiegel LLC as he joins Breakout 4, USCIS Policy & Actions: Living in a World of Adjudication Backlogs, RFEs, and NOIDs panel on Tuesday, October 29th at 3:30pm. Learn more in this blog.