Yesterday, the U.S. government filed an “Unopposed Motion for Voluntary Dismissal” in the U.S. Court of Appeals for the Ninth Circuit on their appeal of a June 2021 decision of a lower district court that invalidated the implementation of the November 2019 EB-5 Modernization Rule. That rule had raised the minimum investment amount from $1 million to $1.8 million and, from $500,000 to $900,000 for targeted employment areas (TEAs). Reducing the investment amount is welcome news for the EB-5 industry that has been stymied by this regulation. Most importantly, this withdrawal of appeal confirms the minimum investment for investors who create ten jobs in a Targeted Employment Area (TEA) is back to $500,000. It also confirms that states have the authority to designate areas as a TEA. This decision has no impact on the reauthorization of the EB-5 Regional Center program. EB-5 investors should know this dismissal does not impact the two biggest issues in EB-5, that is the Regional Center reauthorization, or whether USCIS will continue to hold pending Regional Center I-526s or I-485s in abeyance until reauthorization. We hope to have some news on these two issues soon, so stay posted. At this time, “direct” EB-5 remains an […]