EB-5 Visa Sustainment Period Rules to Be Released in Nov

The United States Citizenship and Immigration Services (USCIS) has confirmed it will issue long-awaited EB-5 visa sustainment period regulations by November 2025. These rules aim to provide foreign investors with a clear understanding of the duration they must retain their funds in qualifying US projects to secure eligibility for permanent residency.

The EB-5 Immigrant Investor Program enables foreign nationals to obtain a Green Card by investing in a U.S.-based business that creates or preserves at least ten permanent, full-time jobs for eligible American workers. For most projects, the minimum investment is $1,050,000, while investments in Targeted Employment Areas (TEAs) require at least $800,000.

EB-5 Visa: Clarity After Years of Dispute

The upcoming regulations follow a prolonged legal battle over the so-called “sustainment period” — the timeframe during which EB-5 investors must maintain their capital in a project. Recently, the US District Court for the District of Columbia declined to intervene in an ongoing lawsuit over this issue, instead leaving USCIS to set formal guidelines.

Investors and immigration attorneys have long debated whether EB-5 capital must remain invested for the entire two-year conditional residency period or for a shorter, legislatively defined timeframe. The forthcoming rule is expected to resolve this uncertainty once and for all.

Provisional Residence and Investment Timeline

Under current rules, USCIS grants EB-5 investors and their eligible family members conditional permanent residence for two years after entry into the United States. The Immigration and Nationality Act (INA) governs this probationary period. However, the EB-5 Reform and Integrity Act of 2022 (RIA), signed into law by President Biden, significantly changed the sustainment requirement.

USCIS guidance under the RIA states that EB-5 investments must be “expected to remain invested for not less than two years,” removing the previous need to sustain capital throughout the entire conditional residency period. This change was designed to modernize the program and make it more attractive to global investors seeking a stable path to US residency.

EB-5 Visa: What the New Regulations Mean for Investors

By November, stakeholders expect USCIS to specify exactly how the EB-5 visa sustainment period will be calculated, potentially introducing more flexibility for capital redeployment and exit strategies. Such clarity could encourage more high-net-worth individuals to participate in the program, particularly as competition for investor migration programs intensifies worldwide.

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