Author：David Enterline（Senior Legal Consultant to HW Wealth Succession Family Office / American Immigration Lawyer）

On Saturday, October 30, 2021, David Enterline discussed recent changes to the EB-5 immigrant investor visa category (“EB-5”) during an EB-5 webinar organized by Internegra Immigration and Pearl Bay Consulting for Indonesian and Vietnamese investors.

Mr. Enterline explained that in June 2021, in the case of Behring v. DHS, a United States Federal Judge vacated EB-5 regulations implemented in November 2019, determining that those regulations were not lawfully authorized by the improperly appointed Secretary of the Department of Homeland Security (“DHS”) at that time. As a result:

The minimum investment amount in a Targeted Employment Area (“TEA”) was reduced back to $500,000; and,

TEA rules that were in place under the old regulations are back, and are generally more favorable for investors because they allow for more locations to be designated as TEAs.

The second change to EB-5 is that ...