EB-5 Investor Visa – Pathway To A Green Card
By Michael H. Markovitch, Esq. on March, 18, 2022
What is the EB-5 Visa?
The US Congress voted to bring back the EB-5 Immigrant Investor Visa Program on
March 10, 2022. The EB-5 Visa provides a pathway to US Permanent Residency (a
Green Card) through a minimum $800,000 investment that creates ten jobs.
After months of uncertainty, the EB-5 Regional Center Program will be revived
through passage of the EB-5 Reform and Integrity Act of 2022 as part of the overall
Omnibus Spending Bill. The EB-5 Regional Center Program, which had expired
on June 30, 2021, will be reauthorized through September 30, 2027 with certain
changes including increases in minimum investment amounts. Specifically, the law
requires a new minimum investment of $1,050,000 for standard EB-5 investments
and $800,000 for investments in Targeted Employment Areas (TEAs).
What is Concurrent Filing?
One of the big potential changes to the EB-5 rules is that "Concurrent Filing" might
now be permitted - we are waiting for USCIS to provide clarification. This refers to
the concurrent filing of the EB-5 application (I-526) and the application to adjust
status (I-485). This would cut down considerably the processing times.
Impact on Current EB-5 Investors
Concurrent filing would mean anyone already legally in the United States could apply
for work and travel authorization while they are waiting for their EB-5 application to
be processed. This could affect not only new EB-5 applicants, but also existing
applicants in the U.S. who are still waiting for their I-526 to be approved.
For further information or questions you may have please do not hesitate to contact
The Law Offices of Michael H. Markovitch.