The Department of Homeland Security (DHS) has proposed a new rule affecting the EB-5 Immigrant Investor Program, just over a year after immigration filing fees were significantly increased in April 2024. Under the EB–5 Reform Act, DHS is authorized to set fees, and this rule proposes several changes, including reductions to the EB-5 fees...
Rakesh Patel and Jacqueline Trevino
Sep292025
The EB-5 process relies heavily on thorough documentation and strict compliance with USCIS regulations, especially regarding the source and path of investment funds. If you’re pursuing a partial investment, it’s critical to clearly outline and disclose the full source and path of the total intended investment amount (a minimum of $800,000 plus any applicable administrative...
Stock sales are a common source of funds for EB-5 investments. But not all stocks are the same. Understanding the differences between self-purchased and employer-issued stock (such as RSUs, stock options, or ESPP) is essential for building a strong and approvable EB-5 case. Self-Purchased Shares: Stocks purchased directly by the investor through a brokerage account...
One of the most important requirements in the EB-5 process is proving that your investment funds come from a lawful source. A common question among potential investors is whether earnings from employment abroad can be used toward an EB-5 investment. The short answer is yes. Foreign salary income is a permissible source of EB-5 funds,...
A new U.S. visa program backed by President Donald Trump is expected to launch in the coming days. Known as the “Gold Card” visa, the program is expected to offer a pathway to permanent residency, and possibly even U.S. citizenship, for foreign investors willing to invest at least $5 million into the U.S. economy. President...
A core principle of the EB-5 Immigrant Investor Program is that all investment funds must have a lawful origin. The source of an EB-5 investor’s funds must be clearly documented and legally obtained. The program allows for various ways to finance the required $800,000 investment, including using loaned funds from sources such as a bank,...
Mar282025
On March 21, 2025, IIUSA and DHS submitted a second joint status report detailing their ongoing but unsuccessful efforts to resolve their legal dispute over the EB-5 investment sustainment period rules. A joint status report is a document filed in court by both parties in a lawsuit to update the judge on the status of...
On February 25, 2025, President Donald Trump unveiled a proposal to introduce a ‘gold card’ visa program that would require a $5 million investment to the US government. According to President Trump, the gold card would provide green card benefits and more, offer a pathway to US citizenship, and attract affluent individuals to the US...