Recent Proposed Regulations
Recently, USCIS has sent new regulations related to the EB-5 Program to the Office of Management Budget ("OMB"). Thereafter, the proposed regulations would then be sent to the General Accounting Office ("GAO") and then will be subject to administrative approval. It is difficult to predict what the net result of the regulations will be, including the increase in the investment amounts for both non-TEA and TEA designated projects, and the potential for phasing, if any, of the investment amount increases. The regulations will also address the priority dates for the I 829 petitions, address the ability of dependents to file I 829s, and the determination of TEA designations. It is difficult to predict if the regulations will ultimately be adopted, the final provisions contained therein, and the effective date of same.
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