Revised EB-5 Discussion Draft

 As December 11, 2015 draws closer, all four of the bills in Congress (H.R. 616, H.R. 3370, S. 1501, and S. 2122) are still in committee, meaning, essentially, that not of them has made any progress. The problem for EB-5 investors and those associated with the EB-5 process is that the Continuing Resolution funding selected government programs passed on September 30^th is set to expire on December 11, 2015.

The concern for all involved is whether or not any of the proposed – and much publicly discussed – measures a) will be enacted into law, b) whether the Regional Center program will sunset on December 11^th or, c) whether the EB-5 program will continue as it has been for yet another indeterminate time.

While the discussion itself has spawned anxiety within the EB-5 community, the single most likely scenario is “c.” Most senators and representatives seem to agree that the program should remain and undergo some modifications. Nonetheless, none of the bills is anywhere near ready for a vote on the floor of either house.

A discussion draft proposing extension of the EB-5 Regional Center program until the end of the 2019 fiscal year was circulated among a select group of congressmen. Detailed information about what the discussion paper is available at The National Law Review.

It is possible that the draft could be included in the December 11^th omnibus budget bill. However, inclusion will not cause any changes in EB-5. It will merely carry the revised proposals forward.

All we can say for certain at this point is that “Whatever is going to happen will happen, whether we worry about it or not.” (Ana Monnar)

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