Can President Trump Unilaterally End the EB-5 Program? The Future of the EB-5 Program

Recent reports have suggested that President Trump intends to end the EB-5 program and replace it with a new Golden Visa Program requiring a $5 million investment for visa benefits. This has led to widespread concerns among investors and applicants.   Our office has received a flood of calls from concerned investors.  The critical question remains: Can a U.S. president unilaterally end the EB-5 program? The clear answer is no.

The U.S. legal system operates under a framework where laws are created and modified by Congress, consisting of the Senate and the House of Representatives. The EB-5 program is not a regulation but rather a statutory program established by law. This means that:

• A sitting president does not have the authority to eliminate or modify the program without congressional approval.
• Any changes to the EB-5 program would require new legislation to be drafted, approved by both houses of Congress, and then signed into law by the president.
• Even if such a change were proposed, it is highly unlikely to happen in the near future.

Many investors and applicants have inquired whether their pending EB-5 petitions will be affected. The answer is no. Even if Congress were to take action to modify or end the program, individuals already in the process would likely not be impacted. The process of legislative change is slow and involves multiple stages of review, negotiation, and approval.

The EB-5 program has numerous advocates who recognize its significant contributions to the U.S. economy. Consider the following:

• The program has generated over $5 billion in economic investment and has created hundreds of thousands of jobs.
• The Regional Center Program, a major component of EB-5, has strong lobbying support and has successfully pushed for legislative action in the past.
• In 2022, the Regional Center Program required reauthorization, and despite delays, Congress ultimately passed legislation to ensure its continuation.
• Lobbying efforts have influenced past changes to EB-5, including prohibiting multiple investors from pooling funds in direct EB-5 investments.  These same lobby efforts would likely strongly resist the elimination of the program. They would undoubtedly contact their local Senators and Congress people to voice support for the program.

The President cannot end the EB-5 program.  Given the strong economic and political backing of the EB-5 program, it is improbable that Congress would support a complete termination of the program. Furthermore, any legislative efforts to alter the program would involve extensive debate and advocacy from stakeholders.  For those currently considering an EB-5 investment or in the process of filing their petition, there is no immediate cause for concern. The program remains active and is expected to continue operating well into the future.

Understanding immigration policies can be complex, especially with misinformation circulating about potential changes. If you have concerns about your EB-5 petition or are considering an investment-based visa, our legal team at Scott Legal, P.C. is here to help. We offer consultations and resources to provide clarity and guidance for your immigration journey.