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EB-5 Immigrant Investor Program Modernization Final Rule Vacated

On June 22, 2021, the judge in the Behring lawsuit issued an Order to vacate the EB-5 Immigrant Investor Program Modernization final rule, which became effective on November 21, 2019. This means that the minimum EB-5 investment for TEA projects is back to $500K immediately.

 

It is likely that due to the outcome of this lawsuit, Congress will let the EB-5 Regional Center Program lapse while it finalizes and passes a comprehensive EB-5 reform bill that will most likely include increasing the minimum investment amount again. As such, for investors who want to invest at the $500K, this may be the last chance for them to do so prior to June 30th!