Can I qualify under the old investment rules if I started the EB-5 process before the regulations changed?

The answer depends on the specifics of your case, and it is worth confirming with an official source. The EB-5 program has a minimum investment amount that has changed over time, and the rules that apply to a specific petition may depend on when it was filed and where you stand in the process.

It is therefore not safe to assume that an older set of rules automatically continues to apply. What governs your case typically involves:

• The point at which the process was started and the petition was filed.
• The EB-5 rules in effect at that time and any transitions between them.
• The current status of your petition with the relevant authorities.

Because the program’s amounts and criteria are precisely the kind of information that changes over time, avoid relying on specific figures found in older sources or marketing materials.

To know with confidence which rules apply to your process, check the latest guidance directly on the USCIS website and evaluate your case with an immigration attorney.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.