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USA EB-5 Visa Investment Amount Update-Now $500,000?August 24, 2021

The USCIS posted a statement on its website that while it considers the court’s order, it would apply the regulations that were in effect before the 2019 regulations were enacted, including requiring a minimum investment amount of $500,000.

CMB Regional Centers, as the leading regional center in the EB-5 industry, continuously monitors the current events impacting the EB-5 program and CMB’s investors.  On August 23, 2021, the USCIS filed a Notice of Appeal of the trial court’s ruling in the matter of Behring Regional Center LLC V. Chad Wolf et al. The judge in the trial court had previously issued an order on June 22, 2021 that vacated the USCIS’s EB-5 Modernization Final Rule that took effect in November 2019 that had raised the minimum investment amount from $500,000 to $900,000 for a project located in a Targeted Employment Area. Following the trial court’s order vacating the 2019 regulations, the USCIS posted a statement on its website that while it considers the court’s order, it would apply the regulations that were in effect before the 2019 regulations were enacted, including requiring a minimum investment amount of $500,000.

As of the publishing of this article, that message is still posted on the USCIS’s website. It is currently unknown what the effect will be of the USCIS’s appeal or what actions the USCIS may take if it wins the case on appeal. Due to the inherent delays in the U.S. court system, it will be many months at the minimum before a final decision is reached by the appellate court.

CMB will continue to monitor the developments of the case and report when there is an update.

If you would like to learn more about the EB-5 Investor Visa or CMB Regional Centers, please contact us to schedule a free initial consultation with a CMB Investor Relations Manager.

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CMB engages Prevail Capital, LLC, a broker-dealer registered with the SEC and a member of FINRA and SIPC, to be the administrative placement agent for all CMB EB-5 partnerships.
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