EB-5 INFRASTRUCTURE PROJECTS REQUIRE FURTHER GUIDANCE
In the EB-5 Reform and Integrity Act of 2022, the U.S. Citizenship and Immigration Services (USCIS) includes information for EB-5 applicants who invest in qualified infrastructure projects.
However, USCIS has yet to provide further guidance on specific applications for this rule. As applicants continue to bring nuanced scenarios to this process, USCIS will gradually update guidelines and release more policy guidance. As of now, the following information will help applicants embark on this journey and assist USCIS as they work to provide more clarity on the subject:
For regional center-based petitions filed on or after May 14, 2022, investors may qualify for the reduced investment amount by investing in an infrastructure project.
An infrastructure project is a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a federal, state, or local agency or authority) that is the job-creating entity contracting with a regional center or new commercial enterprise to receive capital investment under the Regional Center Program from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project.
These projects are ones:
That are administered by a governmental entity (such as a federal, state, or local agency or authority);
Where the governmental entity, which serves as the job-creating entity, contracts with a regional center or new commercial enterprise to receive capital investment under the regional center program from investors or the new commercial enterprise; and
That involve financing for maintaining, improving, or constructing a public works project
USCIS determines whether a project meets the definition of infrastructure project during adjudication of the Form I-956F A standalone investor cannot establish eligibility through an infrastructure project. USCIS will determine if the investment is in a qualified infrastructure project when adjudicating the regional center’s project application.
Williams Global Law will continue to provide updates on relevant advances.
To view current EB-5 Infrastructure Eligibility Requirements, click here.
