In recent years, the EB-5 Immigrant Investor Program has witnessed a series of transformative trends. The Reform and Integrity Act (RIA) of 2022 ushered in investor-friendly changes, streamlining processes and enhancing transparency. Here are some of the new benefits to the EB-5 Program.

Concurrent filing now empowers US-based applicants such as H-1B work visa holders and F-1 student visa holders to work and live freely in the US prior to Green Card Approval, facilitated by an Employment Authorization Document (EAD) and Advance Parole (AP) Travel Permit.

Set-Aside Visas for Target Employment Area (TEA) Project also allow Chinese and Indian applicants to skip the prior backlog of visas and obtain a Green Card without an additional wait, this renewed investor interest out of China and India. After two years under the RIA, the rural EB-5 TEA category is seeing the highest demand with a sufficient supply of visas, but concerns arise in High-Unemployment TEAs where demand already exceeds supply, potentially leading to backlogs again for China and India. Projects in high unemployment areas are more likely to face retrogression sooner, contrasting with Rural EB-5 Projects, which enjoy increasing demand and room for growth.

Priority Processing in Rural EB-5 TEA Projects has expedited approvals and attracted investors seeking capital preservation and fast-track processing. Enhanced SEC regulations aim to safeguard investors, while smoother processing, faster approvals, and improved capital safety measures bolster investor confidence.

The final significant provision from the RIA offers grandfathering for investors filing before September 30, 2026, shielding them from future regulatory changes in the EB-5 Program. Indian investors also benefit from current availability in certain EB-5 visa categories, underscoring the Program’s evolving landscape and promising opportunities for investors worldwide.

In all, Demand for EB-5 Visas is on the rise, not only from traditional markets like China and India, but also from the rest of the world reflecting a global interest in U.S. We are excited about the future of the EB-5 Program and there couldn’t be a better time than now to make an EB-5 investment!