Archive · 11 Aug 2025
EB-5 Visa Investment Rules Clarification Expected by 2025
The US government has an investor program called EB-5, which lets people get green cards if they invest money in the US and create jobs.
A court case was about how long investors have to keep their money invested.
The court said they wouldn't get involved yet.
New rules will be released in November 2025 to clarify how long investors need to keep their money invested.
The rules changed in 2022, and now investments must be kept for two years.
An association of EB-5 projects disagrees with the government's current interpretation of these rules.
A federal court declined to intervene in a dispute over the EB-5 investment sustainment period.
USCIS will publish regulations clarifying EB-5 requirements by November 2025.
The EB-5 Reform and Integrity Act of 2022 modified investment maintenance rules.
USCIS guidance states investments must be maintained for at least two years.
IIUSA, a trade association, challenges the new USCIS guidance.
- Who
- USCIS, IIUSA, and EB-5 investors.
- What
- A court case and future regulations concern the investment period for EB-5 visas.
- When
- Regulations are expected to be published by November 2025.
- Where
- U.S. District Court for the District of Columbia.
- Why
- To clarify and implement rules regarding the EB-5 Immigrant Investor Program.
USCIS
IIUSA
Investment Period
USCIS
Investments must be kept for a minimum of two years.
IIUSA
The new guidance effectively shortens the amount of time immigrant investors must keep funds invested.
- Program
- EB-5 Immigrant Investor Program
- Minimum Investment
- $1,050,000
- Targeted Employment Area Minimum
- $800,000
- Key Legislation
- EB-5 Reform and Integrity Act of 2022
- USCIS Goal
- Publish Proposed Rulemaking by November 2025