u/KyoMeetch

Hi Everyone,

DHS released their proposed rules for the RIA this morning. This is brand new information so I can't exactly give an in depth analysis yet. But from a high level it seems DHS is proposing increased scrutiny on the project creation/management side:

They're proposing (not limited to):

-Site visits to RC's, NCE's, and JCE's.

-Restricting the use of bridge financing

-A new investment tier for "High Employment Areas" where projects in areas with more than 150% of national employment will require an investment of 1.4 million. This does not seem to be a new reserve category and would fall under the unreservered.

-More stringent compliance for 3rd party promoters (agents etc.) to make sure they have file the I-956k

-Clarifying the sustainment period timeline and redeployment rules

-Job creation must be tied to the invested funds (but for the investor's funds the job would not be created)

This is just an initial gathering of some points I noticed. I'm sure we'll get more clarity over time. I encourage you to do your own review of the rules and please note this is not legal advice.

Hello Everyone,

Please feel free to share your EB-5 timelines in this thread. I don't recommend including anything identifying, personal, or confidential.

Useful information may include:

Priority Date:

Project type (Direct or Regional Center) (HUA, Rural, Infrastructure):

Adjustment of Status or Consular Processing:

USCIS Service Center:

EAD:

AP:

I-526/I-526e:

I-485:

Conditional Green Card:

I-829:

Country of Origin:

If filed Writ of Mandamus:

Biometrics Appointment:

RFE/NOID etc.:

I-956F Approval (approximate date if known):

I hope this is helpful!

Hi Everyone,

I'm sharing a helpful article from Peekwire recognizing 5 EB-5 law firms. Guess who made the list!

Hello everyone,

The July 2026 Visa bulletin has released. For EB-5 all reserved categories remain current. The Indian unreserved category is now unavailable (see below for excerpt). The Unreserved Chinese EB-5 category advanced by two months on the Final Action date chart. There has also been some movement in the other employment based categories.

I.  UNAVAILABILITY OF EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) UNRESERVED NUMBERS FOR INDIA

Due to high demand and number use by aliens chargeable to India in the EB-5 unreserved visa category, India’s pro-rated EB-5 unreserved limit was reached and the category is unavailable for the remainder of FY 2026.   It is likely that in October the final action date will advance to at least the final action date announced in the June 2026 Visa Bulletin; however, the date is dependent on the demand for EB-5 unreserved numbers by Indian applicants and the FY 2027 annual limit on employment-based preference visas.

Hi Everyone,

AILA shared a cautiously optimistic update that it appears last month's USCIS memo focused on limiting Adjustment of Status is not being enforced based on AILA member feedback. From our end, we're also seeing continued I-485 approvals. I'll keep monitoring the situation and share updates as things progress. For your specific situation follow the advice of your attorney; this is not legal advice.

Hi Everyone,

In case you do not know, this subreddit has a parallel WhatsApp community for investors and aspiring investors, also called EB5 Immigration. The group is currently at 670 members and serves as a space for investors to share experiences and ask questions about the EB-5 process.

I no longer share the join link publicly because of the volume of spam accounts that request to join. Manually rejecting them was taking significant time. If you would like to join, please send a request through this subreddit's ModMail or by direct message to my reddit account. Include a brief background on who you are and why you want to join. I am not asking for personal information, just enough to confirm that you are an existing EB-5 investor or genuinely interested in investing with EB-5. Please be patient with your request, as I run this group on my own time and may take a some time to get back to you.

Existing members of the WhatsApp group can also message me to add family members or friends.

Rules of the WhatsApp group:

1. Do not share confidential information. This includes both personal and project information.
2. No sales or solicitation.
3. Do not give investment or legal advice. This includes project recommendations and overt criticism of specific projects, regional centers, or attorneys.
4. Do not direct message other members of the group without first asking permission in the chat.
5. Be respectful of one another.

To EB-5 industry professionals, the group is for investors only and is structured to keep it that way so the conversation stays peer to peer. To be clear, I do not use this group to promote my own legal services or to advertise on behalf of regional centers, projects, or any other industry party. You are always welcome to participate here in the SubReddit so long as you do so in accordance with the SubReddit rules. Thank you for understanding.

Thanks,

Kyle

View Poll

Policy Manual

I'm creating this MegaThread to discuss the new USCIS Memo impacting AOS standards for all EB-5 filers. Feel free to share resources and openly discuss here.

USCIS Policy Memo

This is breaking news so I will be coming back to make edits as more details are made available. USCIS released a memorandum stating that INA 245(a), adjustment standards are too lax and that the standard for AOS will now be held to an "extraordinary" standard. This can have a massive impact on everyone who has filed or intends to file concurrently for EB-5 in the US.

Hi Everyone,

I’m putting up this temporary post as a reminder that the AMA is scheduled to start in 10 minutes at 2pm ET. Feel free to check it out if you have an EB-5 related question.

Best,

Kyle

Hi Everyone,

It's been a while and we've had a lot of new people join the subreddit, so I've decided to host another AMA. For those who haven't met me yet, I'm an EB-5 immigration attorney in New York running my own practice (mitchelleb5.com) and of counsel with the Law Offices of Li & Associates. I am also the creator and moderator of this Subreddit and its associated investors-only WhatsApp Group.

Drop your EB-5 questions below and I'll answer as accurately as I can. Heads up: my answers here are general information, not legal advice for your situation, and I don't give investment advice.

When: Thursday, May 21, 2:00 PM ET / 11:00 AM PT I'll start with questions submitted ahead of time and keep answering until the AMA wraps.

Disclaimer: My answers in this AMA are general legal information only. They are not legal advice and do not create an attorney-client relationship. For advice on your specific situation, please consult with an attorney directly.

I look forward to answering your questions!

Thanks,

Kyle

https://preview.redd.it/09h4aw77842h1.jpg?width=3024&format=pjpg&auto=webp&s=d7fc4db2ba2c64fedeef44b206d83f124207a084

>Thanks for your Participation! I’ll keep an eye out for future questions, otherwise if you need to reach me then here is my link: > >Contact

Hi Everyone,

The June 2026 Visa bulletin just released. No movement on any EB-5 category, meaning concurrent filing still remains in effect for reserved categories, but no progress in the unreserved categories. It's suggested that Indian unreserved EB-5 may retrogress further in the next month. Indian EB-1 and EB-2 Final Action Dates have retrogressed.

Excerpts:

"E.  RETROGRESSION IN THE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) AND EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) FINAL ACTION DATES FOR INDIA

High demand and number use by aliens chargeable to India in the EB-1 and EB-2 visa categories haves made it necessary to retrogress the final action dates to hold number use within the FY 2026 annual limit.  Further retrogressions, or making the categories “unavailable,” may be necessary in the coming months if India’s pro-rated limits in the EB-1 or EB-2 categories are reached before the fiscal year ends.  This situation will be continually monitored, and any necessary adjustments will be made accordingly."

"F.  VISA AVAILABILITY IN THE EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) CATEGORY FOR CHINA

Sufficient demand and increased number use by aliens chargeable to China in the EB-2 visa category may make it necessary to retrogress the final action date or make the category “unavailable” in the coming months to hold number use within the maximum allowed under the FY 2026 annual limit.  This situation will be continually monitored, and any necessary adjustments will be made accordingly."

"H.  VISA AVAILABILITY IN THE EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) UNRESERVED CATEGORY FOR INDIA

Sufficient demand and increased number use by aliens chargeable to India in the EB-5 unreserved visa categories may make it necessary to retrogress the final action date or make the category “unavailable” in the next month to hold number use within the maximum allowed under the FY 2026 annual limit.  This situation will be continually monitored, and any necessary adjustments will be made accordingly."

Hello Everyone,

A representative from EB5 Investors Magazine & Uglobal Magazine reached out about an EB-5 event happening in Cupertino on May 16th and asked if I would be open to sharing the details with the community. I am posting this on their behalf, as I believe it will be beneficial to many of you. The event is free for aspiring or existing investors to join and will feature a range of EB-5 professionals from across the industry.

Event details

Saturday, May 16, 2026, 8:00 AM to 5:00 PM Juniper Hotel Cupertino, Curio Collection by Hilton 10050 South De Anza Blvd, Cupertino, CA 95014 Cost: Free for attendees.

What attendees can expect

The event will include presentations from multiple active EB-5 regional centers and project sponsors; panels and Q&A sessions with EB-5 attorneys; and other immigration/mobility experts. Along with the opportunity to directly connect with these experts and network with your fellow aspiring EB-5 investors.

Registration

https://www.eventbrite.com/e/eb-5-global-immigration-pitch-day-silicon-valley-tickets-1983991521047

Q&A in this thread

Nico from EB5 Investors Magazine (u/Nickzon2020) said he will be in the thread to answer any related questions you may have.

Most of you are already aware of the upcoming Grandfathering deadline approaching at the end of September. I'm making this post to raise awareness for some of the unexpected factors that you may not be aware of:

-The time crunch for lawyers:

It takes time to review funds for EB-5 validation (especially now with USCIS being as strict
as it’s ever been), it also takes time to prepare the EB-5 filings. With the looming deadline attorneys will be backlogged and more labor will be disbursed to international teams and paralegals (if it’s not being done already). Prices may also increase due to demand and the rushed nature of filings.

-Project availability:

The pool of available (good) projects is unlikely to significantly expand to keep up with the upcoming demand as we approach the deadline. Therefore, as open spots on competitive projects become limited administrative fees are likely to be increased.

-Hidden backlogs:

While all reserved categories are current, India and China are experiencing a long line of pending investors who have already filed. The longer you wait, the further back you are placed in the queue. One who files today could be looking a much shorter processing time than one who files in September.  

-Unexpected delays:

It’s common for potential investors to believe they already have all their ducks in a row prior to engaging with a professional only to get stuck with time consuming fund issues or unexpected medical delays. While these delays have been trivial in the past, they can disastrous as we get closer to the deadline.

 

This is my opinion, not legal advice. I don’t like to rush investors, but you deserve to be informed.

Thank you everyone for your contributions to this community! I can’t believe we’ve already hit 1,000 members when yesterday we were at less than 900. Watching this community grow and grow has been very fun, and I’m glad to see so many of you now have a place to connect without dealing with the sales pressure that the other EB-5 communities have. I’ll continue to keep this place curated. If you have any questions or ideas feel free to reach out!

 

Looking forward, we have an upcoming AMA later this week with a FINRA-Broker/Business Plan Writer so keep an eye out for that. Also feel free to check out the WhatsApp group to speak with other investors/aspiring investors. Just dm me here on Reddit with your WhatsApp info and your reasoning why you would like to join the community to be added. The WhatsApp community is at over 600 investors now and is very active with a few subgroups, but keep in mind it’s only for investors and those interested in investing with EB-5. We also recently added a group specifically for direct EB-5 Investors so check it out if you like.

 

In case you don’t know who I am, my name is Kyle Mitchell, and I am an EB-5 attorney. If you’re also a member of the EB-5 industry then I’m happy to allow your participation, I just remind you that this social media page is primarily for investors and aspiring investors to collaborate. I ask that you do not use this platform to push sales and you follow the SubReddit’s other rules listed in the sidebar. Also, please dm me so I can verify who you are and give you the appropriate user flair (For example, FINRA Broker, Business Plan Writer, RC Representative etc.) so community members are aware who they are exchanging comments with. If any members have a complaint about another user please feel free to reach out to me.

https://preview.redd.it/uel51d40wtyg1.jpg?width=1170&format=pjpg&auto=webp&s=06192d9cd2f3ac8be9175605ecbc879573c0086c

 

Thanks again, I’ll see you at the next milestone!

AILA (American Immigration Lawyers Association) released a Practice Alert today stating there are credible reports that USCIS will be pausing all asylum and AOS cases along with potentially all other USCIS adjudications where fingerprints are taken. Supposedly, the hold will be temporary in order to implement USCIS's new vetting process concerning biometrics. Currently it is unknown how long this pause will be in effect. I'll update on the subreddit once more news comes in.

Most of the investors I speak to generally want to decide on a project before locking down an attorney. I understand this because if one doesn't feel secure with their investment then EB-5 may not be worth pursuing in the first place. The first disadvantage to this approach is the desired project reaching capacity before the SOF is validated.

A less obvious issue comes down to whether the investor's funds are viable in the first place. It's unfortunately common for one to take for granted that their funds are usable when they're not. This is especially true with international transfers and the commingling of accounts. Therefore, I recommend to discuss general funds viability prior to investing extensive time into researching projects and to not begin moving funds until informed of best practices.