Family members count against the visa cap for foreign investors, per the D.C. Circuit. As in other visa categories, spouses and children of EB-5 investors are legally required to be included in the cap. However, one EB-5 regional center and several investors state that this is creating backlogs and hurting the U.S. economy.

The EB-5 program enables foreign citizens and their families to reside in the U.S. if they invest a required minimum or more in the U.S. economy. The program originated in 1990 as part of the Immigration and Nationality Act. At that time, spouses and family members were subject to caps under three other visa categories. Subsequent lawsuits were filed, and each time it was found family members of EB-5 holders are counted under the EB-5 cap.

Current immigration law allows unlimited visa availability for U.S. citizens’ immediate relatives. However, caps are placed on employment-based, family-sponsored, and diversity visas.

Currently, only 3,300 EB-5 Visas are active. The program allows for up to 10,000 EB-5 Visas to create 100,000 jobs.

Recently, Congress let funding on EB-5 Regional Centers lapse. The U.S. Citizenship and Immigration Services (USCIS) stated they would not accept EB-5 applications from the regional centers filed after July 1, 2021.

We continue to monitor immigration policy changes. If you have questions about any immigration-related topic or the EB-5 program contact us at ILBSG. We are here to help.

EB-5 immigration