EB-5 and Trump 2.0

Opportunities and Challenges

As President-elect Trump takes office again on January 20, 2025 all immigration is up in the air. The EB-5 Immigrant Investor Program is no exception. Immigration is one of Trump’s top priorities so EB-5 investors should be prepared for changes and take advantage of the program.

Some see opportunities for growth and stability, others see challenges and slowdowns, but potential reforms could attract investors eager for a favorable environment and a more efficient application process.

EB-5 Under Trump?

Trump’s second term will be a mixed bag for EB-5:

Opportunities:

• Business friendly policies, tax cuts and deregulation will create an investment immigration friendly environment.
• A merit based system will streamline the process and attract high net worth investors.
• Global alliances and support for emerging markets like cryptocurrency will create more investment opportunities.

Challenges:

• Previous delays and strict adjudication policies still a problem for EB-5.
• Travel bans and increased scrutiny during Trump’s first term showed us we need clear and consistent policies that prioritize economic growth, which has created uncertainty for foreign investors contemplating opportunities in the U.S.

For EB-5 investors, Trump 2.0 may mean a focus on economic contributions and business growth. By fixing inefficiencies and innovation the administration can make the US the go to destination for investment immigration.

This guide looks at the history, what to expect under Trump 2.0 and strategic advice for investors.

EB-5 Immigrant Investor Program

The EB-5 program was created in 1990 to stimulate economic growth in the US through foreign investment and in return provide permanent residency (green cards) to the investors, their spouses and minor children.

Here’s a summary:

Key Requirements

Investment Amount:

• $800,000 for Targeted Employment Areas (TEAs) which are rural or high unemployment areas.
• $1,050,000 for non-TEA areas.

Job Creation:

• The investment must create at least 10 full time jobs for US workers.

Proof of Funds:

• Investors must provide documentation to prove the lawful source of their funds.

With its dual focus on economic growth and job creation, the EB-5 program is most relevant during economic recovery or political shifts. Regulatory policies and market developments have a significant impact on foreign investors interested in the EB-5 program, particularly those looking to diversify their portfolios within the U.S. market.

How It Works

1. Initial Application (I-526 or I-526E):
   Investors submit their petition to prove they meet EB-5 requirements.
2. Conditional Green Card:
   Upon approval investors and their families get a 2 year conditional green card and can live and work in the US.
3. Removal of Conditions (I-829):
   After 2 years investors file to remove conditions and prove their investment met the program’s requirements including job creation.

How have previous Administrations managed the EB-5 program?

Trump Administration (2017-2021)

• Minimal Direct Changes: Trump’s overall immigration policies were restrictive but EB-5 was left alone.
• Processing Delays: Big backlogs in I-526 and I-829 processing during Trump’s first term. Investors were frustrated and the program slowed down.
• Support for Real Estate: Trump’s background in real estate aligned with the program’s focus on development projects so there’s potential for EB-5 growth.
• Economic Growth: Trump recognized the importance of investment immigration and excluded EB-5 from the broader immigration bans during his first term.
• Focus on Illegal Immigration: Trump’s administration’s focus on illegal immigration could lead to significant changes in the immigration landscape, particularly affecting investor visas and the EB-5 program.
• Some policies created bottlenecks but his administration laid the groundwork for a business friendly approach.

Biden-Harris Administration (2021-2024)

• Reform and Integrity Act (RIA) of 2022: The Biden administration passed the RIA to fix the program, reduce fraud and introduce visa set-asides for rural and high unemployment areas.
• Backlog Reduction: Efforts to speed up processing times included premium processing and online filing.
• Engagement: Secretary of Homeland Security Alejandro Mayorkas has been meeting with EB-5 leaders so the administration is supportive of the program.

Trump’s First Term: Mixed Impact on EB-5

EB-5 was largely left alone during Trump’s first term but investors still faced challenges especially with processing times and additional requirements for green card issuance.

Key Events During Trump’s First Term

Minimal Policy Changes for EB-5:

• Unlike H-1B or family based immigration the EB-5 program was not restricted or rolled back.

Processing Delays:

• I-526 Petitions: Processing times for initial petitions increased by several years so investors were uncertain.
• I-829 Petitions: Removal of conditions also had big backlogs so permanent green card approvals were delayed.
• These delays were part of broader USCIS inefficiencies during Trump’s term.

Green Card Issues:

• Public Charge Rule: Adjustment of status applicants had to provide extensive proof of financial self sufficiency under the revised public charge rule.
• Consular Delays: Overseas applicants experienced inconsistent and slow processing through U.S. embassies with many cases lacking transparency.

Requests for Evidence (RFEs):

• USCIS was more stringent in reviewing petitions and asking for more documentation to support eligibility.

Hong Kong’s Reclassification (July 2020):

• Trump stopped recognizingHong Kong as an autonomous region so Hong Kong investors were pushed into Mainland China’s longer EB-5 visa lines.
• EB-5 applications from Hong Kong dropped significantly as Hong Kong was a major source of EB-5 applications.

More Scrutiny and Delays:

• Removal of deference in adjudications means more scrutiny on petitions and longer processing times.
• Travel bans targeting Muslim countries created uncertainty for potential investors and sent a bad message to foreign nationals.

EB-5 Processing During Trump’s First Term

The first Trump administration saw an initial increase in productivity of the Immigrant Investor Program Office (IPO) in processing EB-5 cases but it couldn’t keep up with demand.

IPO Productivity

• 2017: IPO was facing growing demand with backlog increasing from 12,453 to 24,992 cases.
  • IPO hired more officers including former Adjudicator Greg Sheehan who saw a big increase in productivity.
• 2018:
  • IPO processed over 15,000 I-526s and reduced backlog to under 15,000 cases.
  • China demand decreased so IPO slowed down production due to lower volume.

Unsustainable Processing Pace

While the Trump administration improved backlog management the rapid pace of processing was not sustainable in the long term. But the infrastructure and resources built during this period will be the foundation for future progress.

Is IPO Ready for Today’s Demand?

Current IPO Capacity

FOIA request revealed that as of May 29, 2024:

• IPO has 300 staff including:
  • 73 adjudicators
  • 23 economists
• Compared to 2018, IPO has slightly fewer staff but more efficient since the backlog is manageable and post pandemic improvements.

Post-RIA Shift

The EB-5 Reform and Integrity Act of 2022 (RIA) has changed how IPO processes cases:

• FY 2024 Data:
  • 815 I-526E petitions processed.
  • 5,293 I-526E petitions pending.
• According to Sheehan, IPO is ready to transition smoothly from pre-RIA to post-RIA demand and focus on I-829 petition processing efficiency.

What to Expect Under Trump 2.0?

A second Trump administration could bring more challenges to EB-5 investors and build on what we saw during his first term. Here’s what we think:

Higher Costs

• Filing fees across all immigration categories will increase and add more financial burden to investors.
• Additional costs could be fees for expedite or RFE response.

Tougher Scrutiny

• USCIS will ask for more RFEs and denials and require investors to provide more documentation to prove:
  • Lawful source of funds.
  • Job creation through their investment.
  • Compliance with other EB-5 requirements.
• Consular interviews and application reviews will be more intense especially for applicants from countries considered national security risks.

Processing Delays

• Backlogs will get worse due to limited USCIS resources and stricter review process.
• Investors should expect longer wait times for initial petition and green card approval.
• USCIS and DOS delays will discourage potential investors.

Increased Security Measures

• Applicants from certain countries will be subject to additional security screening. This will disproportionately affect investors from countries flagged as national security risks.

Travel Bans

• If new travel bans are implemented investors from certain countries will have trouble entering or exiting the US and managing their investments or meet residency requirements.

Legal and Regulatory Changes

• Trump’s administration will bring a new SEC with different priorities.
  • For example, changes to the definition of “accredited investors” will impact EB-5 eligibility and access.
  • A less aggressive SEC will also change oversight of large real estate deals involving EB-5 funding.
• There’s also a chance to reverse some of the USCIS operational changes made during the Biden administration.

Political Climate and Xenophobia

• Some think anti-immigration rhetoric will impact EB-5 policies especially CFIUS oversight of foreign funded real estate projects.

Why EB-5 will still have advantages

Despite all these challenges EB-5 is still a unique immigration pathway compared to other visa options.

Trump supporters argue that his presidency will be good for EB-5

A Stable Immigration Option

Compared to other US immigration programs EB-5 is one of the most stable:

• Job Creation: Tangible and measurable, a core requirement of EB-5 is a bipartisan priority.
• No Cost to Taxpayers: The program is self funded through private investment so it’s politically attractive.
• Economic Growth: EB-5 drives development in rural and high unemployment areas.

This stability is reassuring for both entrepreneurs and investors alike, ensuring continued interest in the program.

More Oversight

Government is improving financial and informational systems to prevent fraud and compliance. This will be more visible as IPO emphasizes transparency and transaction review.

Certainty through the RIA

• EB-5 Reform and Integrity Act (RIA) locks in the program framework until March 15, 2027 so investors can plan ahead.
• Investors can file now knowing the minimum investment and rules are fixed.

Concurrent Filing of AOS

• Investors filing through regional centers in TEAs can file AOS with the initial I-526E petition. Others who are filing I-526 can file the AOS if their priority date is current.
• This gives you:
  • Work Authorization (EAD): A 5 year renewable employment permit.
  • Advance Parole: Permission to travel internationally while waiting for green card approval.

Economic Priorities align with EB-5

• Trump’s emphasis on job creation and economic growth both align with EB-5 goals.
• EB-5 is an economic priority for policymakers so there’s less chance of sudden and drastic changes
• Advocates will lobby Congress to increase EB-5 visa caps and expedite processing to maximize economic benefits.

Trump’s history with Real Estate

• Trump’s background in real estate is closely tied to EB-5 funded development projects which will thrive under an administration that supports them.
• Lower taxes and faster approvals will make real estate an even more attractive sector for EB-5 investors
• Tax policies for high net worth individuals (HNWIs) during his previous administration made the US an attractive destination for foreign investors.
• Experts think this will keep interest in EB-5 going.

Neutral to Favorable Policy Environment

During Trump’s first term EB-5 was largely untouched by broader immigration restrictions.

Many expect similar treatment in Trump’s second term and focus on investor confidence.

Trump’s policies are expected to influence foreign investment positively, particularly in sectors like real estate and digital assets.

Opportunities from H-1B and Visa Restrictions

• A stricter H-1B visa will redirect skilled workers and entrepreneurs to EB-5 like what happened from 2017 to 2020.
• This will grow the EB-5 applicant pool and investment in US businesses.
• The backlogs in EB-3 and EB-2 for Indian nationals with wait times of over 10 years will push more Indian professionals in the US on H1B to pursue EB-5.

Lobbying for Program Changes

• Raise the Visa Cap: There’s hope that the lobbying to increase the annual EB-5 visa cap will bear fruit under Trump.
• Faster Processing: Advocates will push for USCIS to improve efficiency to make the program more attractive to foreign investors.

Pro-Business Policies & Tax Cuts for High Net Worth Individuals

Republican administrations including Trump have always supported tax cuts for high net worth individuals. This could:

• Reduce the tax burden on EB-5 investors.
• Make the US a more attractive destination for foreign capital.
• Trump’s promise to lower corporate taxes and reduce regulatory burdens will encourage foreign investment.
• His administration’s tax reforms in his first term resulted in trillions of dollars in cuts that benefited corporations and high income earners making the environment more attractive for foreign investors.
• Significant Tax Reforms: Trump’s administration’s efforts to lower corporate taxes and deregulate the business environment resulted in substantial tax cuts, positioning the U.S. as an appealing destination for foreign investment.

Merit Based Immigration

Trump’s merit based immigration system will align well with EB-5:

Economic Contributions:

• A points based system that prioritizes skills and investments will make the program more attractive to high net worth individuals.
• Global trends are shifting towards skilled immigrants and investor driven policies and Trump’s reforms will make the US a leader in attracting top tier investors.
• Promoting Legal Immigration: By focusing on legal immigration through programs like EB-5, the administration aims to stimulate job creation and contribute positively to the economy.
• Streamlined Application Process:
• Merit based reforms will create a faster pathway for EB-5 applicants, less bureaucracy and less delays.

Simplifying EB-5 Regulations

• Deregulation will simplify the approval process for EB-5 projects and make it easier for foreign entrepreneurs to set up businesses in the US.
• With the Fraud Detection and National Security (FDNS) framework in place the integrity of the EB-5 program can still be maintained while reducing unnecessary bureaucracy.

Market Optimism: The Investor’s Reaction

After Trump’s election, markets surged:

• Stock Market:
  • US stocks hit all time highs.
• Dollar:
  • Dollar had its best day since 2022, as global investors flocked to the US market.

Trump’s Vision for the SEC and Cryptocurrency

SEC Regulatory Changes

• Trump has promised to overhaul the SEC including firing Chair Gary Gensler whose strict regulations have been criticized for killing innovation.
• A more relaxed SEC will reduce the compliance burden on EB-5 projects and crypto backed investments making it more attractive for entrepreneurs.

Cryptocurrency is the New Frontier

• Trump’s crypto friendly approach will attract foreign investors:
• His endorsement of Senator Cynthia Lummis a crypto advocate means he will support digital asset innovation.
• A federal Bitcoin reserve and approved Bitcoin ETFs will make the US a more attractive crypto investment destination.
• Crypto and EB-5:
  • A regulated crypto market will provide legal ways for foreign investors to use digital assets in EB-5 projects.
  • Crypto backed investments will provide new opportunities for diversification in the US market.
  • Transform Traditional Investment Paradigms: The emergence of cryptocurrencies offers innovative engagement opportunities for foreign investors, potentially reshaping established investment strategies.

Global Partnerships: Foreign Investment

Trump’s relationships with global leaders including Saudi Crown Prince Mohammed bin Salman and Turkish President Recep Tayyip Erdogan will bring more foreign direct investment to the US:

• Saudi Diversification:
• As Saudi Arabia reduces its dependence on oil its sovereign wealth fund will invest in US real estate and infrastructure projects.
• Turkey’s Strategic Location:
• Turkey as a bridge between Europe and Asia provides opportunities for US businesses and foreign investors to partner.

These relationships are expected to facilitate increased foreign direct investment in the U.S., particularly in sectors like real estate and infrastructure.

This will bring more foreign investment to EB-5 projects and the economy.

How to Navigate the New Landscape as an EB-5 Stakeholder

Whether you are optimistic or cautious you should act now.

1. File Applications Now

• Investors should file now to avoid delays from policy or procedural changes.
• Filing now will reduce the impact of processing times and fees rising.

2. Stay Up to Date on Policy Changes

• Attorneys and investors should follow USCIS, SEC and Congress for updates on new regulations.
• Subscribe to newsletters or alerts from immigration law firms to be informed.

3. Get Professional Help

• Work with experienced immigration attorneys who know the EB-5 process.
• Attorneys can help with RFEs, consular interviews and find alternative paths if needed.

4. Advocate

• Lobbying should focus on increasing the EB-5 visa cap and reducing processing times to make the program more attractive to foreign investors.

5. Diversify Your Investment Strategy

• Invest in projects with track record of success especially in TEAs to reduce risk and ensure job creation requirements are met.

6. Plan for Delays

• Build in flexibility to your timeline especially if you need to sync your green card process with business or personal commitments

EB-5 Controversy

Keep an Eye on Family Connection to EB-5

There has been some controversy around EB-5 thanks to high profile players like Jared Kushner, Trump’s son-in-law and former White House Advisor. With deep ties to luxury real estate and political influence Kushner’s family business shows how the program has become a powerful tool for developers and raises questions of conflict of interest.

The program was ignored at first but became a lifeline for developers after the 2008 financial crisis.

Kushner and EB-5: Using Influence

Family Ties and Conflicts of Interest

Jared Kushner resigned from Kushner Companies when he became a senior White House advisor to Donald Trump but the family name was still used in EB-5 pitches overseas.

• Real Estate Promotions in China:
  • Kushner representatives were actively marketing to Chinese investors saying that funding projects with the family would get US visas.
  • Events featured properties with the Kushner name to leverage the political connections to attract investors.

Critics’ Complaints

The Kushner family using EB-5 shows how the program is used to benefit luxury real estate instead of its intended purpose of helping rural or distressed areas.

EB-5 Original Purpose vs. Reality

The Intent: Direct Investment to Needy Areas

EB-5 was meant to invest foreign capital in struggling communities to revitalize the economy in:

• Rural Areas: Areas with low population density.
• Urban TEAs: Areas with high unemployment.

The Reality: Funding Luxury Projects

• Luxury over Necessity:
  • High end projects like Miami’s Skyrise and Los Angeles’s Century Plaza Hotel have received hundreds of millions in EB-5 funding.
  • These projects rarely align with Congress’s original intention for the program.
• TEA Gerrymandering:
  • Developers manipulate Census tracts to include high unemployment areas to qualify their luxury projects for the investment threshold (then $500,000).
  • Example: Manhattan’s Hudson Yards used Census data from Harlem to qualify as a distressed area despite being one of the most expensive neighborhoods in New York.

How EB-5 Became a Chinese Magnet

China’s EB-5

• High Demand: Chinese investors are the majority of the program, looking for US residency for their families.
• Visa Backlogs: Demand has created years long wait times for visas and has diminished the program’s promise of speed.

Low Returns, High Appeal:

For wealthy Chinese families the visa is the main goal:

• Lower Risk Threshold: Investors prefer the $500,000 option even if returns are minimal.
• Luxury over Necessity: A prestigious address is more important than the intention to help struggling communities.

The Kushner Effect: Warping EB-5

Advantages for Connected Developers

Projects associated with politically connected families like the Kushners have an added draw for foreign investors:

• Perceived Safety: Investments with the White House seem less risky.
• Access to Foreign Capital: Developers with political ties can get ahead of the line for a share of the 10,000 annual EB-5 visas.

Case Study: 666 Fifth Avenue

• Project: Kushner Companies considered using EB-5 to redevelop the Manhattan skyscraper with Chinese insurer Angbang.
• Impact: The $850 million project could have used up 50% of the program’s annual visa allocation showing how big luxury projects overshadow smaller, more meaningful projects.

Democracy Forward Sues Trump Administration Over Jared Kushner’s EB-5 Role

Democracy Forward, a watchdog group, filed a lawsuit Thelawsuit was filed in the U.S. District Court for the District of Columbia against the Trump Administration seeking transparency on Jared Kushner’s involvement in the EB-5 Immigrant Investor Program. The lawsuit was filed after federal agencies, including the Department of State (DOS), Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS) failed to disclose critical information about Kushner’s connection to the program.

The lawsuit raises concerns about the EB-5 program being used to benefit Kushner Companies’real estate projects and cites federal investigations into these allegations.

Key Points and Concerns

1. Federal Investigations Into Kushner Companies

• Kushner Companies, owned by Jared’s family, used the EB-5 program as a major funding source for their real estate projects.
• Federal prosecutors in New York and the Securities and Exchange Commission (SEC) began investigating after Nicole Kushner Meyer, Jared’s sister and a principal at Kushner Companies, used her family’s ties to the White House to attract foreign EB-5 investors.

2. Jared Kushner’s Role and Security Clearance Scandal

• Kushner was initially denied top secret clearance due to concerns about foreign influence tied to his business.
• The Washington Post reported that officials from at least four countries discussed using Kushner’s business ties for leverage.
• President Trump personally overruled and granted Kushner top secret clearance.

3. Timing of EB-5 Program Renewal

• May 2017: President Trump reauthorized the EB-5 program just before it was set to expire.
• Hours later Nicole Kushner Meyer pitched a family real estate project in New Jersey to Chinese investors, calling it a “Kushner family project” and referencing the EB-5 program.
• Promotional materials included video of President Trump, raising questions about whether White House policy was influenced by Kushner’s financial interests.

Democracy Forward Statement

Anne Harkavy, Executive Director of Democracy Forward:

“A nice way of saying this White House has no conflict of interest policy might be ‘ethically challenged.’ The public deserves to know if helping out the Kushner family was why President Trump reauthorized the EB-5 program and to what extent Kushner’s personal financial needs are driving White House policy on this.”

Has EB-5 Gone Back to Its Roots?

The RIA law was an attempt to address the EB-5 deficincies:

• Tighten TEA Definitions: Stop gerrymandering by making the definitions of distressed areas more strict.
• Focus on Rural Communities: Shift investment away from urban luxury projects to areas that need economic growth.
• Increase Oversight: Monitor transactions to ensure compliance and prevent misuse.

The Future of EB-5 in a Political World

The Kushner family’s use of the EB-5 program shows the bigger problems with the program. While intended to help struggling communities the program has been hijacked by luxury developers. Projects tied to influential families like the Kushners only exacerbate

FAQ: EB-5 Investor Green Card Program Under Trump 2.0

General EB-5 Questions

1. What is the EB-5 investor green card program?
The EB-5 program allows foreign investors to get a U.S. green card by investing in projects that create or preserve at least 10 full-time U.S. jobs. The minimum investment is $800,000 in a Targeted Employment Area (TEA) or $1,050,000 elsewhere.

2. Has the EB-5 program changed under Trump?
Trump’s previous administration left the program mostly intact but processing delays and stricter adjudication standards made it tough. In 2025 reforms implemented under the EB-5 Reform and Integrity Act (RIA) of 2022 are in place to increase transparency and fraud prevention. But how Trump 2.0 will affect the program is unknown.

3. How long does it take to process an EB-5 application?
Processing times for Form I-526 (initial petition) and Form I-829 (removal of conditions) vary depending on backlogs and USCIS efficiency. As of now pre-RIA cases are slowly getting cleared but applicants should still expect a multi-year process.

Questions About Trump’s Policies and How They Affect EB-5

4. Will Trump’s business friendly policies help EB-5 investors?
Yes, Trump’s focus on economic growth and deregulation is good for the EB-5 program’s goal of job creation and foreign investment. His administration will be more investor friendly.

5. Will stricter immigration policies affect EB-5?
Trump has advocated for stricter immigration controls but his policies target addressing illegal immigration or unskilled immigration. EB-5 which requires job creation and significant investment is in line with his merit based immigration and unlikely to be restricted.

6. Will Trump increase EB-5 visa numbers?
Increasing the annual EB-5 visa cap (currently 10,000 visas per year including family members) would require congressional action. While Trump may support the program this would require bipartisan legislation.

7. How will Trump address fraud and misuse in EB-5?
The RIA introduced more compliance measures and increased oversight of EB-5 projects. Trump’s administration will likely enforce these regulations with a focus on fraud prevention and transparency.

Investment Questions

8. What are Targeted Employment Areas (TEAs) and will the definition change?
TEAs are areas of high unemployment or rural areas, qualifying investments for the lower $800,000 threshold. Past misuse involved gerrymandering but the RIA defined TEAs more clearly. Trump’s administration will likely continue to enforce these stricter rules.

9. How does the U.S. government ensure my investment is used properly?
The RIA requires regional centers to comply with strict reporting, auditing and transparency requirements. These measures ensure funds are used for job creating projects and protect investors from fraud.

10. Can EB-5 funds be used for luxury projects?
Developers used to gerrymander to qualify luxury projects for TEA status. Under the RIA this practice has been curtailed. Now projects must meet stricter geographic and job creation requirements.

Processing and Adjudication

11. Will processing times get better in Trump’s second term?
USCIS has been working to clear backlogs but pre-RIA cases are still taking time. Trump’s administration will likely prioritize efficiency, hire more adjudicators and focus on post-RIA petition processing.

12. How will the transition from pre-RIA to post-RIA cases affect processing?
Post-RIA cases benefit from streamlined process and clearer compliance guidelines. As adjudicators focus more on these newer cases processing times will get better over time.

13. Is premium processing available for EB-5?
USCIS recently expanded premium processing to some EB-5 forms. But availability depends on your case type and filing status. Check with your attorney to see if your case is eligible.

Regional Centers and Project Selection

14. What is the role of regional centers in EB-5?
Regional centers pool EB-5 funds to finance projects, manage compliance and job creation. They simplify the process for investors by handling paperwork and operational details.

15. What to look for in an EB-5 project?
Projects with a proven track record of job creation, financial stability and a reputable regional center. Due diligence is key to minimize risk and comply with EB-5 requirements.

16. Are there risks investing through a regional center?
Yes, risks include project failure, delays or non-compliance with USCIS requirements. Working with experienced attorneys and reputable regional centers can minimize these risks.

Global Investor

17. Will Trump’s second term bring more global investors to EB-5?
Yes, Trump’s business friendly stance and focus on job creation will likely attract more global interest especially from countries like India, China and Vietnam which already dominate EB-5 filings.

18. How does EB-5 compare to similar programs in Canada or Australia?
EB-5 offers U.S. residency and citizenship but processing times are longer than similar programs in Canada or Australia. But the U.S. market is larger and has more opportunities so many prefer EB-5.

19. Will Chinese investors face more hurdles?
Chinese investors still face visa backlogs due to high demand. Trump has tightened U.S.-China relations but EB-5 is not directly affected as it’s an economic benefit program.

Compliance, Fraud and Oversight

20. How does the government prevent fraud in EB-5 projects?
The RIA introduced mandatory audits, background checks and stricter reporting requirements for regional centers. These measures are designed to ensure compliance and protect investors.

21. Can I lose my investment or visa eligibility?
Yes, risks include project failure, job creation shortfalls or failure to meet USCIS requirements. Careful project selection and legal guidance can minimize these risks.

22. What if my project doesn’t create enough jobs?
If the 10 jobs per investor aren’t created, your petition will be denied. Regional centers often structure projects to exceed the job creation minimums to minimize this risk.

Future of EB-5

23. Will the EB-5 investment amounts increase?
The RIA locked in the current amounts ($800,000 for TEAs, $1,050,000 for others) until March 15, 2027. After that they may adjust for inflation.

24. Can EB-5 visas be taken from other immigration categories?
Trump’s administration may advocate for taking visas from other categories (e.g. EB-3 for unskilled workers) to programs like EB-5 which align with his merit-based immigration priorities. But that would require congressional approval.

25. How does Trump’s administration view EB-5 compared to other immigration programs?
EB-5 is more favorable than unskilled or family-based immigration categories as it aligns with Trump’s economic growth and job creation focus.

EB-5 Tips for 2025 and Beyond

• Start Early: File your petitions as soon as possible to avoid processing delays or policy changes.
• Stay Informed: Follow USCIS and Trump administration updates on EB-5.
• Hire Experts: Work with experienced immigration attorneys and reputable regional centers.
• Pick Proven Projects: Go with projects that have a track record of compliance and job creation.
• Plan for Delays: Factor in the backlogs in your timeline.

EB-5 in the Trump 2.0 Era

The EB-5 Immigrant Investor Program has survived multiple administrations and is here to stay as part of U.S. economic policy. Trump’s second term will bring both opportunities and challenges. Proper planning, informed decision making and professional guidance will help investors navigate the changes.

Call the Herman Legal Group if you have questions about EB-5 or need help with your petition.