美国参议院委员会司法委员会主席Charles E. Grassley和高级参议员Patrick J. Leahy，达成共识联合提出EB-5改革提案：

• 增加投资门槛，TEA为80万美金，非TEA为80万美金。
• 创造的工作机会中，只能90%来源于间接工作机会；至少50%的间接工作机会必须产生在TEA所在的地区。
• 每个区域中心的项目必须在递交I-526申请前被预先批准。
• 国安局将认证TEA，并不受任何州政府和联邦政府的影响，TEA有效期延长为2年。

The bipartisan legislation was introduced by Senate Judiciary Chairman Charles Grassley (R-Iowa) and Ranking Member Patrick Leahy (D-Vermont) yesterday as the EB-5 program’s September 30, 2015 expiration date draws closer.  The bill proposes reauthorization and reforms on many key components of the EB-5 Immigrant Investor Program.

The legislation makes several changes that have widespread implications for the entire EB-5 industry; however, the proposed augmentation to Targeted Employment Areas (or “TEA” regions) has perhaps the greatest capacity to enact undesired affects to the municipalities currently experiencing significant economic support and job creation under the EB-5 program. A TEA is a designated high-unemployment or rural area, which allows immigrant investors to qualify for the EB-5 visa with a minimum $500,000 investment.

The legislation’s reforms include:

• Minimum Investment Amount
  • The minimum investment amount would rise to $800,000 for TEA investments and $1,200,000 for non-TEA investments.
• Job Creation
  • Of the 10 jobs each investor must create, only 90% may come from indirect job creation;
  • Of the capital provided to a project from non-EB5 sources, only 30% can be counted towards indirect job creation; and
  • At least 50% of the estimated indirect job creation must occur within the combined statistical area or metropolitan statistical area in which the TEA is located.
• Regional Center Compliance
  • Certification of compliance with all laws, including securities laws; increased annual reporting requirements; codified background checks for individuals; and maintenance of records.
• Pre-Approval Of Regional Center Investments
  • Each regional center sponsored investment must be pre-approved prior to filing I-526 Petitions with respect to such investment. However, DHS would establish premium processing.
• TEA Reform
  • DHS will certify TEA’s without input from any other state or federal government, which will be valid for 2 years.

This legislation represents an opportunity for the EB-5 industry to unite around the common goal of renewal of the regional center program; however, it is critical that members of the EB-5 industry make Congress aware of the full extent to which Senators Leahy and Grassley’s bill will affect the EB-5 program.