DHS Proposes Updates to EB-5 Regulations in the Unified Regulatory Agenda

06.08.16 | Archived

Globe'Last week, the Department of Homeland Security (DHS) proposed to update its EB-5 regulations to improve clarity by having two distinct regulatory sections – one for individual investors and one for combined investors in a designated regional center investment. DHS is also proposing to amend its regulations in response to statutory amendments that require that some portions of the regulation be updated. For example, the statute was revised to eliminate the requirement involving “increased export sales,” yet this requirement is still listed in the regulations. Unique EB-5 program issues which will be addressed in the updated regulation are: the designation of Targeted Employment Areas; indirect job creation; the required investment amount; material changes effect on conditional residency; the regional center designation process; and monitoring for regional center compliance

The Unified Agenda provides uniform reporting of data on regulatory and deregulatory activities under development throughout the Federal Government, covering approximately 60 departments, agencies, and commissions. Each edition of the Unified Agenda includes regulatory agendas from all Federal entities that currently have regulations under development or review. Agencies of the United States Congress are not included. Fall editions of the Unified Agenda include The The Regulatory Plan, which presents agency statements of regulatory priorities and additional information about the most significant regulatory activities planned for the coming year.

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