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August 05.2025

2 Minutes Read

Court Upholds EB5 Investment Sustainment Period Amid Upcoming Rule Changes

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Understanding the Current EB5 Investment Sustainment Requirement

On July 29, 2025, a significant ruling by a federal district court reinforced the existing EB5 investment sustainment period, maintaining the requirement that investors must keep their funds invested for two years. This decision comes as the U.S. Citizenship and Immigration Services (USCIS) embarks on formal rulemaking following the EB5 Reform and Integrity Act (RIA) of 2022. As per USCIS's interpretation, this two-year period remains vital for investors seeking permanent residency through the EB5 program.

The EB5 Reform and Integrity Act: A Game Changer

Prior to the RIA, investors were obliged to sustain their investments until two years after gaining conditional permanent residency. The RIA altered this system, stating that investments must remain active for “not less than 2 years,” without any ties to residency status. This interpretation significantly simplifies the investment landscape but raises questions about how existing practices align with new regulations.

Legal Challenges and Their Outcomes

The trade association Invest in the USA (IIUSA) initiated legal action against USCIS, asserting that their guidance breached legal protocols by skipping the formal rulemaking process. Although the court refrained from delivering a comprehensive ruling, it maintained the status quo, confirming that the two-year investment sustainment requirement remains intact while USCIS continues its efforts to create a more formalized process.

Looking Forward: Implications for Future Investors

While the minimum investment period is officially capped at two years, investors should recognize that many regional center projects may impose longer investment durations based on contractual obligations. Therefore, it's critical for investors to scrutinize their agreements with regional centers to fully grasp the terms guiding their financial commitments.

Navigating the EB5 Landscape Efficiently

As the USCIS prepares to publish proposed rules in November 2025, stakeholders within the EB5 community will have essential insights into upcoming changes. Understanding these developments will not only influence individual investment decisions but also reshape the broader landscape of business immigration.

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Court Upholds EB5 Investment Sustainment Period Amid Upcoming Rule Changes

Understanding the Current EB5 Investment Sustainment Requirement

The EB5 Reform and Integrity Act: A Game Changer

Legal Challenges and Their Outcomes

Looking Forward: Implications for Future Investors

Navigating the EB5 Landscape Efficiently

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