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DHS/USCIS RIN: 1615-AC07 Publication ID: Fall 2019 
Title: EB-5 Immigrant Investor Program Modernization 

In January 2017, the Department of Homeland Security (DHS) proposed to amend its regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification. In general, under the EB-5 program, individuals are eligible to apply for lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States and create or, in certain circumstances, preserve 10 permanent full-time jobs for qualified U.S. workers. This rule sought public comment on a number of proposed changes to the EB-5 program regulations. Such proposed changes included: raising the minimum investment amount; allowing certain EB-5 petitioners to retain their original priority date; changing the designation process for targeted employment areas; and other miscellaneous changes to filing and interview processes. On July 25, 2019, DHS issued a final rule. This final rule changes certain aspects of the EB-5 program that are in need of reform and updates the regulations to reflect statutory changes and codify existing policies. This final rule makes five major categories of revisions to the existing EB-5 program regulations. Three of these categories, which involve (i) priority date retention; (ii) increasing the investment amounts; and (iii) reforming the TEA designations, are substantive. The two other major categories, focused on (iv) the removal of conditions; and (v) miscellaneous changes, involve generally technical adjustments to the EB-5 program.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 204.6    8 CFR 216.6   
Legal Authority: 8 U.S.C. 1153(b)(5)   
Legal Deadline:  None
Action Date FR Cite
NPRM  01/13/2017  82 FR 4738   
NPRM Comment Period End  04/11/2017 
Final Rule  07/24/2019  84 FR 35750   
Final Rule Effective  11/21/2019 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 1205-AB69 
Agency Contact:
Edie Pearson
Division Chief, Policy and Strategic Learning
Department of Homeland Security
U.S. Citizenship and Immigration Services
Immigrant Investor Program Office, 131 M Street NE,
Washington, DC 20529-2200
Phone:202 272-8377
Fax:202 272-1480