The court overturned the 2019 ruling. This means that the minimum investment amount for an EB‑5 visa is again $500,000.
$500,000
Minimum investment amount for EB‑5 visa from June 22, 2021
In August 2021, the Department of Homeland Security appealed the court’s decision. The trial was supposed to start anew, but the investment amount was kept reduced until the final decision.
In January 2022, the court received notice that the Department of Homeland Security had withdrawn the appeal. Thus, the ministry abandoned further litigation. The court’s decision to reduce the minimum investment amount remained in effect.
Reduced investment amounts of $500,000 or of $1,000,000 apply to all investor applications submitted after June 22nd, 2021.
But there is a nuance. The program of issuing EB‑5 visas for investment in Regional Centers ended on June 30th, 2021. From July 1st, investors can obtain an EB‑5 visa only if they independently invest at least a million dollars in the development of an existing or new business.
The US government is preparing to renegotiate the conditions for issuing an EB‑5 visa in February 2022. Whether the minimum investment amount will change under the new rules is still unknown.