Skip to content

Brought to you by

Dentons logo in black and white

The Global Mobility Review

Navigating the stormy seas of multinational expatriation.

open menu close menu

The Global Mobility Review

  • Home
  • Resources

EB5 immigrant investor visas are available again

By Matt Schulz and Mengci Shao
March 26, 2018
  • EB5
  • Government
  • United States
  • United States Immigration
Share on Facebook Share on Twitter Share via email Share on LinkedIn

EB5 immigrant visas of all types are once again available to investors who create job opportunities for American workers. The Omnibus Spending Bill signed by the president on March 23 included the extension of the US immigrant investor EB5 regional center program to the end of September 2018.

The US State Department’s April 2018 Visa Bulletin will be revised soon to show that EB5 regional center immigrant visas are immediately available for all countries of birth, except mainland China, which is expected to have the same waiting period as the EB5 non-regional center program.

Media around the world has been warning readers of the demise of the EB5 regional center program. The US Embassy at Hanoi, Vietnam, announced on March 20 that no EB5 regional center immigrant visas would be issued after March 23. Now that advisory is no longer effective and immigrant visa appointments will continue to be scheduled at US embassies and consulates.

EB5 refers to the US employment-based fifth preference immigrant visa category. EB5 allows an investor, spouse and unmarried children under the age of 21 to obtain resident status in return for creating at least 10 full-time equivalent jobs for American workers through a business investment. The EB5 non-regional center program considers only jobs for workers directly employed at the business investment, while the EB5 regional center program also counts the larger number of indirect and induced jobs created as calculated by government-approved economic models.

Both types of EB5 generally require a US$1,000,000 investment, but a US$500,000 investment can qualify if the business is located in a targeted employment area. Such areas either have an unemployment rate 150 percent above the national average or meet the legal definition of rural.

There are proposals to raise these EB5 target investment levels, which have not changed since being set in 1990. Most experts expect substantial increases, along with other changes to EB5 regulations, but no one knows when this will happen. As a result, immigrants may want to act quickly to invest and file their EB5 immigrant visa petition as soon as possible. They should especially be sure to do so before September 30, 2018, when the EB5 regional center program is next set to expire.

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
EB5, Employment, investment programs, visas
Matt Schulz

About Matt Schulz

Matt Schulz is a member of Dentons' Litigation and Dispute Resolution practice with a focus on business immigration and employment law. He is a leader in the firm's Global Mobility practice and a member of Dentons' Venture Technology and Emerging Growth Companies practice.

All posts Full bio

Mengci Shao

About Mengci Shao

Mengci Shao is a member of Dentons' Global Mobility practice and of the Employment and Labor practice. She practices immigration law with a focus on business immigration for corporate clients and businesses in the United States and worldwide. She helps employers plan and implement global transfers, secured appropriate work permits, provided pre- and post-transfer counseling to help ensure the proper drafting and execution of employment contract, and advised employers on staffing strategies, personnel policies, corporate compliance and best practices.

All posts Full bio

RELATED POSTS

  • EB5
  • Immigrant Investors
  • Immigration
  • Immigration Services
  • United States

EB5 Escrow FAQ

The employment-based, fifth preference immigrant visa (EB5) is an increasingly popular way for foreign nationals to immigrate to the United […]

By Matt Schulz
  • Employment
  • General
  • Government
  • Immigration
  • Immigration Services
  • United States
  • United States Immigration
  • Workforce

Random H-1B Registration Starts March 9, 2021

By Mengci Shao and Matt Schulz
  • Employment
  • Government
  • Immigration
  • Visa
  • Workforce

Significant changes in the work permit regulations in Uzbekistan

By Eldor Mannopov and Bobur Shamsiev

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Categories

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo in black and white

© 2025 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site